1| STATE OF OKLAHOMA |
| |
2| 2nd Session of the 60th Legislature (2026) |
| |
3|HOUSE BILL 3888 By: Cantrell |
| |
4| |
| |
5| |
| |
6| AS INTRODUCED |
| |
7| An Act relating to mental health; amending Section 1, |
| Chapter 202, O.S.L. 2024 (43A O.S. Supp. 2025, |
8| Section 3-335) which relates to behavioral health |
| certification or license applicants and renewals, |
9| required information; modifying definition; amending |
| 59 O.S. 2021, Section 1871, 1875, 1876, 1877, 1878, |
10| 1879, 1881, 1882, 1883, and 1884, which relates to |
| the Licensed Alcohol and Drug Counselors Act; |
11| replacing the Oklahoma Board of Licensed Alcohol and |
| Drug Counselors with the Oklahoma Department of |
12| Mental Health and Substance Abuse Services; amending |
| 59 O.S. 2021, Section 1902, 1905, 1906, 1907, 1908, |
13| 1909, 1911, 1912, 1913.1, 1916.1, 1917, 1918, and |
| 1919, which relates to the Licensed Professional |
14| Counselors Act; replacing the State Board of |
| Behavioral Health Licensure with the Oklahoma |
15| Department of Mental Health and Substance Abuse |
| Services; amending 59 O.S. 2021, Section 1925.2, |
16| 1925.5, 1925.6, 1925.7, 1925.8, 1925.9, 1925.15, |
| 1925.17, and 1925.18, which relates to the Marital |
17| and Family Therapist Licensure Act; replacing the |
| State Board of Behavioral Health Licensure with the |
18| Oklahoma Department of Mental Health and Substance |
| Abuse Services; amending 59 O.S. 2021, Section 1931, |
19| 1934, 1935, 1936, 1937, 1938, 1940, 1941, 1942, 1944, |
| 1945, 1946, 1947, 1948, and 1949, which relates to |
20| the Licensed Behavioral Practitioner Act; replacing |
| the State Board of Behavioral Health Licensure with |
21| the Oklahoma Department of Mental Health and |
| Substance Abuse Services; amending 63 O.S. 2021, |
22| Section 1-2506.1, as amended by Section 1, Chapter |
| 45, O.S.L. 2024 (63 O.S. Supp. 2025, Section |
23| 1-2506.1), which relates to authority of first |
| responders to administer emergency opiate |
24| antagonists; updating statutory references; repealing |
| 59 O.S. 2021, Section 1873, as last amended by |
Req. No. 14261 Page 1
___________________________________________________________________________
1| Section 1, Chapter 266, O.S.L. 2025 (59 O.S. Supp. |
| 2025, Section 1873), which relates to the Oklahoma |
2| Board of Licensed Alcohol and Drug Counselors; |
| repealing 59 O.S. 2021, Section 1873, as last amended |
3| by Section 1, Chapter 235, O.S.L. 2025 (59 O.S. Supp. |
| 2025, Section 1873), which relates to the Oklahoma |
4| Board of Licensed Alcohol and Drug Counselors; |
| repealing 59 O.S. 2021, Section 1874, which relates |
5| to officers, quorum, and meetings for the Oklahoma |
| Board of Licensed Alcohol and Drug Counselors; |
6| repealing 59 O.S. 2021, Section 6001, as last amended |
| by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp. |
7| 2025, Section 6001), which relates to the State Board |
| of Behavioral Health Licensure; and providing an |
8| effective date. |
| |
9| |
| |
10| |
| |
11|BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA: |
| |
12| SECTION 1. AMENDATORY Section 1, Chapter 202, O.S.L. |
| |
13|2024 (43A O.S. Supp. 2025, Section 3-335), is amended to read as |
| |
14|follows: |
| |
15| Section 3-335. A. As used in this section: |
| |
16| 1. "Board" means any of the following: |
| |
17| a. the State Board of Examiners of Psychologists, or |
| |
18| b. the State Board of Behavioral Health Licensure, |
| |
19| c. the Oklahoma State Board of Licensed Social Workers, |
| |
20| or |
| |
21| d. the Oklahoma Board of Licensed Alcohol and Drug |
| |
22| Counselors; |
| |
23| 2. "Licensed mental health professional" means an individual |
| |
24|who holds any type of license pursuant to the: |
| |
Req. No. 14261 Page 2
___________________________________________________________________________
1| a. Psychologists Licensing Act, |
| |
2| b. Psychology Interjurisdictional Compact, |
| |
3| c. Licensed Professional Counselors Act, |
| |
4| d. Janet Phillips Act of 2023, |
| |
5| e. Marital and Family Therapist Licensure Act, |
| |
6| f. Social Worker's Licensing Act, or |
| |
7| g. Licensed Alcohol and Drug Counselors Act; and |
| |
8| 3. "Certified mental health professional" means an individual |
| |
9|who holds any type of certification pursuant to the Unified |
| |
10|Community Mental Health Services Act. |
| |
11| B. Every applicant for a behavioral health certification or |
| |
12|license issued by a designated board shall provide the following |
| |
13|information: |
| |
14| 1. Demographic information, including race, ethnicity, gender, |
| |
15|date of birth, and languages spoken; |
| |
16| 2. Educational background, training information, internship |
| |
17|information, if applicable, and location of internship or program |
| |
18|attended; and |
| |
19| 3. If the applicant has any other mental health certifications |
| |
20|or licenses. |
| |
21| C. Every mental health professional who is renewing a |
| |
22|behavioral health certification or license issued by a designated |
| |
23|board shall report the following information: |
| |
24| |
| |
Req. No. 14261 Page 3
___________________________________________________________________________
1| 1. Changes to demographic information required upon initial |
| |
2|application for licensure or certification; |
| |
3| 2. Workforce retention information, including, but not limited |
| |
4|to, anticipated changes in licensure status or retirement; and |
| |
5| 3. Workforce practice trends, including, but not limited to: |
| |
6| a. practice specialization, if applicable, |
| |
7| b. practice location and physical address, if |
| |
8| applicable, |
| |
9| c. service delivery area, by county, |
| |
10| d. if the licensee is currently using their license and |
| |
11| if its average use is between one (1) through ten |
| |
12| (10), eleven (11) through twenty (20), twenty-one (21) |
| |
13| through thirty (30), or over thirty-one (31) hours of |
| |
14| client-facing hours per week, and |
| |
15| e. the use of telehealth. |
| |
16| D. The boards designated in subsection A of this section shall |
| |
17|promulgate rules to effectuate the provisions of this section. |
| |
18| E. The boards designated in subsection A of this section shall |
| |
19|furnish de-identified annual licensure and certification data to the |
| |
20|Oklahoma Department of Mental Health and Substance Abuse Services. |
| |
21| F. The Oklahoma Department of Mental Health and Substance Abuse |
| |
22|Services shall compile the de-identified information collected in |
| |
23|this section into an annual report. The report shall not contain |
| |
24|any personal identifying information. The annual report shall be |
| |
Req. No. 14261 Page 4
___________________________________________________________________________
1|posted on the agency's website and submitted to the President Pro |
| |
2|Tempore of the Oklahoma State Senate, the Speaker of the Oklahoma |
| |
3|House of Representatives, and the chairs of the committees with |
| |
4|responsibility over public health in both chambers of the |
| |
5|Legislature. |
| |
6| G. Nothing in this section shall be interpreted to expand the |
| |
7|amount of public-facing data about Oklahoma's individual behavioral |
| |
8|health licensees. |
| |
9| SECTION 2. AMENDATORY 59 O.S. 2021, Section 1871, is |
| |
10|amended to read as follows: |
| |
11| Section 1871. For purposes of the Licensed Alcohol and Drug |
| |
12|Counselors Act: |
| |
13| 1. "Alcohol and drug counseling" means the application of |
| |
14|counseling principles for: |
| |
15| a. substance use disorders, or |
| |
16| b. substance abuse disorders and co-occurring disorders |
| |
17| in order to: |
| |
18| (1) develop an understanding of substance abuse and |
| |
19| co-occurring disorders, |
| |
20| (2) permit licensed alcohol and drug counselors to |
| |
21| prevent, diagnose or treat substance abuse and to |
| |
22| prevent, diagnose or treat co-occurring |
| |
23| disorders, |
| |
24| |
| |
Req. No. 14261 Page 5
___________________________________________________________________________
1| (3) permit licensed alcohol and drug counselors to |
| |
2| conduct assessments or diagnoses for the purpose |
| |
3| of establishing treatment goals and objectives |
| |
4| for substance abuse and to establish treatment |
| |
5| goals and objectives for co-occurring disorders, |
| |
6| and |
| |
7| (4) plan, implement or evaluate treatment plans |
| |
8| using counseling treatment interventions; |
| |
9| 2. "Alcohol and drug counseling", as a certified alcohol and |
| |
10|drug counselor, means the application of counseling principles for: |
| |
11| a. substance use disorders, or |
| |
12| b. substance abuse disorders in order to: |
| |
13| (1) develop an understanding of alcoholism and drug |
| |
14| dependency problems, |
| |
15| (2) prevent, diagnose or treat alcohol and drug |
| |
16| dependency problems, |
| |
17| (3) conduct assessments or diagnosis for the purpose |
| |
18| of establishing treatment goals and objectives |
| |
19| for substance abuse, |
| |
20| (4) plan, implement or evaluate treatment plans using |
| |
21| counseling treatment interventions for substance |
| |
22| abuse, and |
| |
23| (5) permit certified alcohol and drug counselors |
| |
24| certified in co-occurring disorders to recognize |
| |
Req. No. 14261 Page 6
___________________________________________________________________________
1| co-occurring disorders and integrate that |
| |
2| recognition into substance abuse treatment, |
| |
3| provided the certified alcohol and drug counselor |
| |
4| is working in a nationally accredited or Oklahoma |
| |
5| Department of Mental Health and Substance Abuse |
| |
6| Services certified agency and is working under |
| |
7| the supervision of a supervisor approved by the |
| |
8| Oklahoma Board of Licensed Alcohol And Drug |
| |
9| Counselors pursuant to paragraph 13 of this |
| |
10| section and who is a licensed alcohol and drug |
| |
11| counselor that is licensed in mental health and |
| |
12| substance abuse, a licensed alcohol and drug |
| |
13| counselor that holds a co-occurring certification |
| |
14| from the Board or a licensed mental health |
| |
15| professional. Certified alcohol and drug |
| |
16| counselors shall meet or exceed the Certified |
| |
17| Co-Occurring Disorders Professional Standards as |
| |
18| laid out in the standards promulgated by the |
| |
19| International Certification & Reciprocity |
| |
20| Consortium, any successor organization to the |
| |
21| International Certification and Reciprocity |
| |
22| Consortium or another national or international |
| |
23| organization that has similar standards equal to |
| |
24| |
| |
Req. No. 14261 Page 7
___________________________________________________________________________
1| or higher than the International Certification |
| |
2| and Reciprocity Consortium. |
| |
3| Certified alcohol and drug counselors may not provide private or |
| |
4|independent practice for co-occurring disorders; |
| |
5| 3. "Board" means the Oklahoma Board of Licensed Alcohol and |
| |
6|Drug Counselors, created by Section 1873 of this title; |
| |
7| 4. "Certified alcohol and drug counselor" means any person who |
| |
8|is not exempt pursuant to the provisions of Section 1872 of this |
| |
9|title and is not licensed under the Licensed Alcohol and Drug |
| |
10|Counselors Act, but who provides alcohol and drug counseling |
| |
11|services within the scope of practice while employed by an entity |
| |
12|certified by the Department of Mental Health and Substance Abuse |
| |
13|Services, or who is exempt from such certification, or who is under |
| |
14|the supervision of a person recognized by the Oklahoma Board of |
| |
15|Licensed Alcohol and Drug Counselors as a supervisor. A certified |
| |
16|alcohol and drug counselor may provide counseling services for |
| |
17|co-occurring disorders if he or she has been certified by the Board |
| |
18|Department to provide counseling as provided in this section for |
| |
19|co-occurring disorders; |
| |
20| 5. 4. "Certified alcohol and drug counselor candidate" or |
| |
21|"licensed alcohol and drug counselor candidate" means a person who |
| |
22|has made application for certification or licensure and who has been |
| |
23|authorized by the board Department to practice alcohol and drug |
| |
24| |
| |
Req. No. 14261 Page 8
___________________________________________________________________________
1|counseling under supervision while completing the required work |
| |
2|experience; |
| |
3| 6. 5. "Consulting" means interpreting or reporting scientific |
| |
4|fact or theory in counseling to provide assistance in solving |
| |
5|current or potential problems of individuals, groups or |
| |
6|organizations; |
| |
7| 7. 6. "Co-occurring disorder" means a disorder in which |
| |
8|individuals have at least one mental health disorder as defined in |
| |
9|the most current version of the Diagnostic and Statistical Manual |
| |
10|and a substance abuse disorder as defined in paragraph 14 of this |
| |
11|section. While these disorders may interact differently in any one |
| |
12|person at least one disorder of each type can be diagnosed |
| |
13|independently of the other; |
| |
14| 7. "Department" means the Oklahoma Department of Mental Health |
| |
15|and Substance Abuse Service; |
| |
16| 8. "International Certification & Reciprocity Consortium |
| |
17|Standards" means the standards enumerated by the International |
| |
18|Certification and Reciprocity Consortium, any successor organization |
| |
19|to the Consortium or another national or international organization |
| |
20|that has similar standards equal to or higher than the International |
| |
21|Certification and Reciprocity Consortium, that includes requirements |
| |
22|regarding education, exams, degrees, coursework, supervision, |
| |
23|continuing education, and ethics for individuals seeking a certified |
| |
24|co-occurring disorders professional certification from the |
| |
Req. No. 14261 Page 9
___________________________________________________________________________
1|Consortium. The requirement to meet these standards shall never |
| |
2|fall below the requirements set forth by the Consortium on June 1, |
| |
3|2008.; |
| |
4| 9. "Licensed alcohol and drug counselor" means any person who |
| |
5|provides alcohol and drug counseling services within the scope of |
| |
6|practice, including co-occurring disorders, for compensation to any |
| |
7|person and is licensed pursuant to the provisions of the Licensed |
| |
8|Alcohol and Drug Counselors Act. The term "licensed alcohol and |
| |
9|drug counselor" shall not include those professions exempted by |
| |
10|Section 1872 of this title; |
| |
11| 10. "Licensed alcohol and drug counselor/mental health" or |
| |
12|"LADC/MH" means a licensed alcohol and drug counselor who has been |
| |
13|determined by the Board Department to meet the requirements to |
| |
14|include the assessment, diagnosis, and treatment of mental health |
| |
15|disorders within the counselor's scope of practice, regardless of |
| |
16|whether the mental health disorders are co-occurring; |
| |
17| 11. "Recovery" means a voluntary lifestyle, maintained as the |
| |
18|result of one's diagnosis, treatment or self-disclosure of a |
| |
19|substance abuse disorder, characterized by complete abstinence from |
| |
20|alcohol, and all other mind altering drugs or chemicals except |
| |
21|tobacco and drugs used as prescribed by an authorized licensed |
| |
22|medical professional and the absence of pathological compulsive |
| |
23|behavior; |
| |
24| |
| |
Req. No. 14261 Page 10
___________________________________________________________________________
1| 12. "Relapse" means the resumption of use of alcohol or other |
| |
2|mind-altering drugs or chemicals, except tobacco and drugs used as |
| |
3|prescribed by an authorized licensed medical professional, or |
| |
4|resumption of pathological compulsive behavior, despite having |
| |
5|previously been diagnosed, treated or self-disclosed as having a |
| |
6|substance abuse disorder and been in recovery; |
| |
7| 13. "Supervisor" means: |
| |
8| a. a licensed alcohol and drug counselor who meets the |
| |
9| requirements established by the board Department to |
| |
10| supervise certified alcohol and drug counselors, |
| |
11| certified alcohol and drug counselor candidates or |
| |
12| licensed alcohol and drug counselor candidates and has |
| |
13| been approved by the Oklahoma Board of Licensed |
| |
14| Alcohol and Drug Counselors Department of Mental |
| |
15| Health and Substance Abuse Services as a supervisor, |
| |
16| or |
| |
17| b. a licensed mental health professional approved by the |
| |
18| Board Department to supervise certified alcohol and |
| |
19| drug counselors who have received co-occurring |
| |
20| certification, certified alcohol and drug counselors |
| |
21| who are candidates for co-occurring certification or |
| |
22| licensed alcohol drug and counselors who are |
| |
23| candidates for co-occurring certification; |
| |
24| |
| |
Req. No. 14261 Page 11
___________________________________________________________________________
1| 14. "Substance abuse disorder" means the repeated pathological |
| |
2|use of substances including alcohol and other mind-altering drugs or |
| |
3|chemicals, except tobacco, or repeated pathological compulsive |
| |
4|behaviors which cause physical, psychological, emotional, economic, |
| |
5|legal, social or other harm to the individual afflicted or to others |
| |
6|affected by the individual's affliction. As used in the Licensed |
| |
7|Alcohol and Drug Counselors Act, substance abuse disorder shall |
| |
8|include not only those instances where withdrawal from or tolerance |
| |
9|to the substance is present but also those instances involving use |
| |
10|and abuse of substances; |
| |
11| 15. "Supervised practicum experience" means volunteer or paid |
| |
12|work experience in the core functions of substance abuse counseling |
| |
13|as delineated by the Oklahoma Board of Licensed Alcohol and Drug |
| |
14|Counselors; |
| |
15| 16. "Supervised work experience" means voluntary or paid work |
| |
16|experience in providing alcohol and drug counseling services to |
| |
17|individuals under the supervision of a licensed alcohol and drug |
| |
18|counselor; and |
| |
19| 17. "Scope of practice" means acting within the boundaries of |
| |
20|competence based on education, training, supervised experience, |
| |
21|state and national professional credentials, and appropriate |
| |
22|professional experience. |
| |
23| SECTION 3. AMENDATORY 59 O.S. 2021, Section 1875, is |
| |
24|amended to read as follows: |
| |
Req. No. 14261 Page 12
___________________________________________________________________________
1| Section 1875. In addition to any other powers and duties |
| |
2|imposed by law, the Oklahoma Board of Licensed Alcohol and Drug |
| |
3|Counselors Department of Mental Health and Substance Abuse Services |
| |
4|shall have the power and duty to: |
| |
5| 1. Promulgate rules necessary to effectuate the provisions of |
| |
6|the Licensed Alcohol and Drug Counselors Act, and to make orders as |
| |
7|it may deem necessary or expedient in the performance of its duties; |
| |
8| 2. Prepare, conduct and grade examinations of persons who apply |
| |
9|for certification or licensure as an alcohol and drug counselor and |
| |
10|certification for co-occurring disorders; |
| |
11| 3. Determine a satisfactory passing score on such examinations |
| |
12|and issue certifications and licenses to persons who pass the |
| |
13|examinations or who are otherwise entitled to certification and |
| |
14|licensure; |
| |
15| 4. Determine eligibility for certification and licensure and |
| |
16|requirements for approval as a supervisor; |
| |
17| 5. Issue and renew certificates and licenses for alcohol and |
| |
18|drug counselors and certification for co-occurring disorders; |
| |
19| 6. Upon good cause shown: |
| |
20| a. deny the issuance of a certificate or license, |
| |
21| b. suspend, revoke or refuse to renew a certificate or |
| |
22| license, |
| |
23| c. place a holder of a certificate or a licensee on |
| |
24| probation, or |
| |
Req. No. 14261 Page 13
___________________________________________________________________________
1| d. suspend, revoke, refuse to renew or otherwise |
| |
2| sanction a certified alcohol and drug counselor |
| |
3| candidate or a licensed alcohol and drug counselor |
| |
4| candidate; |
| |
5| 7. Establish and levy administrative penalties against any |
| |
6|person or entity who violates any of the provisions of the Licensed |
| |
7|Alcohol and Drug Counselors Act or any rule promulgated or order |
| |
8|issued pursuant thereto; |
| |
9| 8. Obtain an office, secure facilities, and employ, direct, |
| |
10|discharge and define the duties and set the salaries of office |
| |
11|personnel as deemed necessary by the Board Department; |
| |
12| 9. Initiate disciplinary, prosecution and injunctive |
| |
13|proceedings against any person or entity who violates any of the |
| |
14|provisions of the Licensed Alcohol and Drug Counselors Act, or any |
| |
15|rule promulgated or order issued pursuant thereto; provided, the |
| |
16|Board Department shall be exempt from providing surety for the costs |
| |
17|in connection with the commencement of any legal proceedings under |
| |
18|the provisions of the Licensed Alcohol and Drug Counselors Act; |
| |
19| 10. Investigate alleged violations of the Licensed Alcohol and |
| |
20|Drug Counselors Act, or the rules, orders or final orders of the |
| |
21|Board Department and impose as part of any disciplinary action the |
| |
22|payment of costs expended by the Board Department for any legal fees |
| |
23|and costs, including, but not limited to, probation and monitoring, |
| |
24| |
| |
Req. No. 14261 Page 14
___________________________________________________________________________
1|staff time, salary and travel expenses, witness fees and attorney |
| |
2|fees; |
| |
3| 11. Promulgate rules of conduct governing the practice of |
| |
4|certified and licensed alcohol and drug counselors, certified |
| |
5|alcohol and drug counselor candidates, licensed alcohol and drug |
| |
6|counselor candidates and supervisors; |
| |
7| 12. Keep accurate and complete records of its proceedings; |
| |
8| 13. Promulgate rules for continuing education requirements for |
| |
9|certified and licensed alcohol and drug counselors, and supervisors; |
| |
10| 14. Issue a certificate or license by endorsement to an |
| |
11|applicant certified or licensed to practice as a certified or |
| |
12|licensed alcohol and drug counselor in another state if the Board |
| |
13|Department deems such applicant to have qualifications that are |
| |
14|comparable to those required under the Licensed Alcohol and Drug |
| |
15|Counselors Act and, if the Board Department deems the applicant as |
| |
16|meeting the standards, provided by rules, for certification or |
| |
17|licensure by endorsement; |
| |
18| 15. Require certified and licensed drug and alcohol counselors |
| |
19|to maintain their patient records for a period of seven (7) years |
| |
20|from the date the service was provided; and |
| |
21| 16. Perform such other duties and have such other |
| |
22|responsibilities as necessary to implement the provisions of the |
| |
23|Licensed Alcohol and Drug Counselors Act. |
| |
24| |
| |
Req. No. 14261 Page 15
___________________________________________________________________________
1| SECTION 4. AMENDATORY 59 O.S. 2021, Section 1876, is |
| |
2|amended to read as follows: |
| |
3| Section 1876. A. Unless exempt pursuant to Section 1872 of |
| |
4|this title, any person wishing to practice alcohol and drug |
| |
5|counseling in this state shall obtain a certificate or license to |
| |
6|practice pursuant to the provisions of the Licensed Alcohol and Drug |
| |
7|Counselors Act. |
| |
8| B. An application for a certificate or license to practice as a |
| |
9|certified or licensed alcohol and drug counselor shall be made to |
| |
10|the Oklahoma Board of Licensed Alcohol and Drug Counselors |
| |
11|Department of Mental Health and Substance Abuse Services in writing. |
| |
12| Such application shall be on a form and in a manner prescribed by |
| |
13|the Board Department. The application shall be accompanied by the |
| |
14|fee required by the Licensed Alcohol and Drug Counselors Act, which |
| |
15|shall be retained by the Board Department and not returned to the |
| |
16|applicant. |
| |
17| C. Each applicant for a certificate or license to practice as a |
| |
18|certified or licensed alcohol and drug counselor shall: |
| |
19| 1. Pass an examination based on standards established by the |
| |
20|International Certification and Reciprocity Consortium, any |
| |
21|successor organization to the International Certification and |
| |
22|Reciprocity Consortium or another national or international |
| |
23|organization recognized by the Board Department to have similar |
| |
24| |
| |
Req. No. 14261 Page 16
___________________________________________________________________________
1|standards equal to or higher than the International Certification |
| |
2|and Reciprocity Consortium; |
| |
3| 2. Be at least twenty-one (21) years of age; |
| |
4| 3. Not have engaged in, nor be engaged in, any practice or |
| |
5|conduct which would be grounds for denying, revoking or suspending a |
| |
6|license pursuant to the provisions of the Licensed Alcohol and Drug |
| |
7|Counselors Act; and |
| |
8| 4. Otherwise comply with the rules promulgated by the Board |
| |
9|Department pursuant to the provisions of the Licensed Alcohol and |
| |
10|Drug Counselors Act. |
| |
11| D. In addition to the qualifications specified by the |
| |
12|provisions of subsection C of this section, an applicant for a |
| |
13|license to practice as a licensed alcohol and drug counselor shall: |
| |
14| 1. Have at least a master's degree in alcohol and substance |
| |
15|abuse counseling or other clinical counseling field recognized by |
| |
16|the Oklahoma Board of Licensed Alcohol and Drug Counselors |
| |
17|Department of Mental Health and Substance Abuse Services that |
| |
18|includes, at a minimum, the following knowledge areas and graduate |
| |
19|credit hours from a college or university accredited by an agency |
| |
20|recognized by the United States Department of Education: |
| |
21| a. three courses in foundational knowledge, including one |
| |
22| course in alcohol and drug addiction, one course in |
| |
23| drug and alcohol counseling theory, and one course in |
| |
24| the pharmacology of drugs and abuse, |
| |
Req. No. 14261 Page 17
___________________________________________________________________________
1| b. three courses in assessment and treatment of |
| |
2| behavioral health problems, which may include group |
| |
3| dynamics, individual and family counseling skills, |
| |
4| specific counseling approaches, assessment methods, |
| |
5| community resources and referral, or other courses |
| |
6| primarily related to the assessment and treatment of |
| |
7| behavioral health problems, |
| |
8| c. one course in human development, |
| |
9| d. one course in psychopathology, |
| |
10| e. one course in multicultural and cultural competency |
| |
11| issues, |
| |
12| f. one course in family systems theory, |
| |
13| g. one course in addiction in the family theory, |
| |
14| h. one course in addiction in the family counseling, |
| |
15| i. one course in ethics, which includes established |
| |
16| ethical conduct for alcohol and drug counselors, |
| |
17| j. one course in research methods, and |
| |
18| k. one three-hour practicum/internship in the field of |
| |
19| drug and alcohol counseling of at least three hundred |
| |
20| (300) clock hours. |
| |
21| All courses shall be graduate level courses and shall be three |
| |
22|(3) semester hours or four (4) quarter credit hours which shall |
| |
23|include a minimum of forty-five (45) class hours for each course; |
| |
24| |
| |
Req. No. 14261 Page 18
___________________________________________________________________________
1| 2. Have successfully completed at least one (1) year of |
| |
2|full-time supervised work experience providing behavioral health |
| |
3|services. For the purpose of the Licensed Alcohol and Drug |
| |
4|Counselors Act, one (1) year of full-time work experience shall mean |
| |
5|two thousand (2,000) hours of work experience, of which at least one |
| |
6|thousand (1,000) hours shall consist of direct client contact; or |
| |
7| 3. Be a licensed mental health professional as defined in |
| |
8|Section 1-103 of Title 43A of the Oklahoma Statutes and have |
| |
9|completed a minimum of fifteen (15) hours in master's level |
| |
10|substance abuse specific coursework, including, but not limited to, |
| |
11|chemical addiction, counseling, alcohol/drug counseling theory, |
| |
12|pharmacology of drugs and abuse, assessment and treatment of alcohol |
| |
13|and drug problems, theories in family addiction, and/or family |
| |
14|addiction counseling. |
| |
15| E. The scope of practice of a licensed alcohol and drug |
| |
16|counselor who meets the educational requirements set forth in |
| |
17|paragraph 1 of subsection D of this section may include the |
| |
18|assessment, diagnosis, and treatment of mental health disorders. |
| |
19|Licensees who have been determined by the Board Department to meet |
| |
20|these requirements shall have the designation "licensed alcohol and |
| |
21|drug counselor/mental health" or "LADC/MH" noted on their license |
| |
22|and wallet card. |
| |
23| F. The scope of practice of a licensed alcohol and drug |
| |
24|counselor who made application for license or who was licensed prior |
| |
Req. No. 14261 Page 19
___________________________________________________________________________
1|to the effective date of the educational requirements set forth in |
| |
2|paragraph 1 of subsection D of this section shall not include the |
| |
3|assessment, diagnosis, and treatment of mental health disorders |
| |
4|unless: |
| |
5| 1. The licensed alcohol and drug counselor holds a master's |
| |
6|degree that meets the educational requirements for licensure in the |
| |
7|following behavioral health professions: |
| |
8| a. licensed professional counselor as defined in Section |
| |
9| 1902 of this title, |
| |
10| b. licensed clinical social worker as defined in Section |
| |
11| 1250.1 of this title, |
| |
12| c. licensed marital and family therapist as defined in |
| |
13| Section 1925.2 of this title, or |
| |
14| d. licensed behavioral practitioner as defined in Section |
| |
15| 1931 of this title; or |
| |
16| 2. The licensed alcohol and drug counselor holds a valid |
| |
17|Co-Occurring Disorders Certification based on standards established |
| |
18|by the International Certification and Reciprocity Consortium, any |
| |
19|successor organization to the International Certification and |
| |
20|Reciprocity Consortium, or any other national or international |
| |
21|organization recognized by the Board Department to have similar |
| |
22|standards equal to or higher than the International Certification |
| |
23|and Reciprocity Consortium. |
| |
24| |
| |
Req. No. 14261 Page 20
___________________________________________________________________________
1| G. In addition to the qualifications specified in subsection C |
| |
2|of this section, each applicant for a certificate to practice as a |
| |
3|certified alcohol and drug counselor shall have: |
| |
4| 1. At a minimum, a bachelor's degree in a behavioral science |
| |
5|field that is recognized by the Oklahoma Board of Licensed Alcohol |
| |
6|and Drug Counselors Department of Mental Health and Substance Abuse |
| |
7|Services as appropriate to practice as a certified drug and alcohol |
| |
8|counselor in this state; |
| |
9| 2. Successfully completed at least two (2) years of full-time |
| |
10|supervised work experience. For the purpose of the Licensed Alcohol |
| |
11|and Drug Counselors Act, "two years of full-time work experience" |
| |
12|shall be defined as four thousand (4,000) hours of work experience |
| |
13|of which at least two thousand (2,000) hours shall consist of |
| |
14|providing alcohol and drug counseling services to an individual |
| |
15|and/or the individual's family; |
| |
16| 3. Successfully completed at least two hundred seventy (270) |
| |
17|clock hours of education related to alcohol and drug counseling |
| |
18|subjects, theory, practice or research; |
| |
19| 4. Successfully completed, as part of or in addition to the |
| |
20|education requirements established in paragraph 3 of this |
| |
21|subsection, a minimum of forty-five (45) clock hours of specialized |
| |
22|training approved by the Board Department in identifying |
| |
23|co-occurring disorders and making appropriate referrals for |
| |
24|treatment of co-occurring disorders; and |
| |
Req. No. 14261 Page 21
___________________________________________________________________________
1| 5. Successfully completed at least three hundred (300) hours of |
| |
2|supervised practicum experience in the field of drug and alcohol |
| |
3|counseling. |
| |
4| H. Any licensed or certified alcohol and drug counselor wishing |
| |
5|to be certified for co-occurring disorders in this state may obtain |
| |
6|such certification pursuant to the provisions of the Licensed |
| |
7|Alcohol and Drug Counselors Act. |
| |
8| I. An application by a licensed or certified alcohol and drug |
| |
9|counselor for certification for co-occurring disorders shall be made |
| |
10|to the Oklahoma Board of Licensed Alcohol and Drug Counselors |
| |
11|Department of Mental Health and Substance Abuse Services in writing. |
| |
12| Such application shall be on a form and in a manner prescribed by |
| |
13|the Board Department. The application shall be accompanied by the |
| |
14|fee required by Section 1884 of this title, which shall be retained |
| |
15|by the Board Department and not returned to the applicant. |
| |
16| J. Each applicant for certification for co-occurring disorders |
| |
17|shall: |
| |
18| 1. Be a licensed or certified alcohol and drug counselor in |
| |
19|good standing with the Board Department; |
| |
20| 2. Meet the requirements promulgated by the Board Department to |
| |
21|establish the applicant's competency to include treatment of |
| |
22|co-occurring disorders within his or her scope of practice; |
| |
23| 3. Be at least twenty-one (21) years of age; |
| |
24| |
| |
Req. No. 14261 Page 22
___________________________________________________________________________
1| 4. Not have engaged in, nor be engaged in, any practice or |
| |
2|conduct which would be grounds for denying, revoking or suspending a |
| |
3|license pursuant to the provisions of the Licensed Alcohol and Drug |
| |
4|Counselors Act; and |
| |
5| 5. Otherwise comply with the rules promulgated by the Board |
| |
6|Department pursuant to the provisions of the Licensed Alcohol and |
| |
7|Drug Counselors Act. |
| |
8| K. Applicants with degrees from schools outside the United |
| |
9|States may qualify with Board Department approval by providing the |
| |
10|Board Department with an acceptable comprehensive evaluation of the |
| |
11|degree performed by a foreign credential evaluation service that is |
| |
12|acceptable to the Board Department, and any other requirement the |
| |
13|Board Department deems necessary. |
| |
14| SECTION 5. AMENDATORY 59 O.S. 2021, Section 1877, is |
| |
15|amended to read as follows: |
| |
16| Section 1877. A. 1. On and after January 1, 2005, before any |
| |
17|person is eligible to receive a license to practice as a certified |
| |
18|or licensed alcohol and drug counselor in this state, such person |
| |
19|shall successfully pass an examination pursuant to the provisions of |
| |
20|this section. |
| |
21| 2. Examinations shall be held at such times, at such place and |
| |
22|in such manner as the Oklahoma Board of Licensed Alcohol and Drug |
| |
23|Counselors Department of Mental Health and Substance Abuse Services |
| |
24|directs. An examination shall be held at least annually. The Board |
| |
Req. No. 14261 Page 23
___________________________________________________________________________
1|Department shall determine the acceptable grade on examinations. |
| |
2|The examination shall cover such technical, professional and |
| |
3|practical subjects as relate to the practice of alcohol and drug |
| |
4|counseling. |
| |
5| 3. If an applicant fails to pass the examination, the applicant |
| |
6|may reapply. |
| |
7| B. The Board Department shall preserve the answers to any |
| |
8|examination, and the applicant's performance on each section of the |
| |
9|examination, as part of the records of the Board Department for a |
| |
10|period of two (2) years following the date of the examination. |
| |
11| SECTION 6. AMENDATORY 59 O.S. 2021, Section 1878, is |
| |
12|amended to read as follows: |
| |
13| Section 1878. A. An applicant who meets the requirements for |
| |
14|certification or licensure pursuant to the provisions of the |
| |
15|Licensed Alcohol and Drug Counselors Act, pays the required |
| |
16|certification or license fees, and otherwise complies with the |
| |
17|provisions of the Licensed Alcohol and Drug Counselors Act shall be |
| |
18|certified or licensed by the Oklahoma Board of Licensed Alcohol and |
| |
19|Drug Counselors Department of Mental Health and Substance Abuse |
| |
20|Services. |
| |
21| B. Each initial certificate or license issued pursuant to the |
| |
22|Licensed Alcohol and Drug Counselors Act shall expire twelve (12) |
| |
23|months from the date of issuance unless sooner revoked. |
| |
24| |
| |
Req. No. 14261 Page 24
___________________________________________________________________________
1| C. 1. A certificate or license may be renewed annually upon |
| |
2|application and payment of fees. The application for renewal shall |
| |
3|be accompanied by evidence satisfactory to the Board Department that |
| |
4|the applicant has satisfied relevant professional or continuing |
| |
5|education requirements during the previous twelve (12) months. |
| |
6| 2. Failure to renew a certificate or license shall result in |
| |
7|forfeiture of the rights and privileges granted by the certificate |
| |
8|or license. |
| |
9| D. A person whose certificate or license has expired may make |
| |
10|application to the Board Department, in writing, within one (1) year |
| |
11|following the expiration date of the certificate or license |
| |
12|requesting reinstatement in a manner prescribed by the Board |
| |
13|Department and upon payment of the fees required by the provisions |
| |
14|of the Licensed Alcohol and Drug Counselors Act. The certificate or |
| |
15|license of a person whose certificate or license has been expired |
| |
16|for more than one (1) year shall not be reinstated. A person may |
| |
17|reapply for a new certificate or license as provided in Section 7 |
| |
18|1876 of this act title. |
| |
19| E. A certified or licensed alcohol and drug counselor whose |
| |
20|certificate or license is current and in good standing and who |
| |
21|wishes to retire the certificate or license may do so by informing |
| |
22|the Board Department in writing and returning the certificate or |
| |
23|license to the Board Department. A certificate or license so |
| |
24|retired shall not be reinstated, but such retirement shall not |
| |
Req. No. 14261 Page 25
___________________________________________________________________________
1|prevent a person from applying for a new certificate or license at a |
| |
2|future date. |
| |
3| SECTION 7. AMENDATORY 59 O.S. 2021, Section 1879, is |
| |
4|amended to read as follows: |
| |
5| Section 1879. No person certified or licensed pursuant to the |
| |
6|provisions of the Licensed Alcohol and Drug Counselors Act shall |
| |
7|knowingly and willfully disclose any information that the holder of |
| |
8|the certificate or license may have acquired from persons consulting |
| |
9|the licensee in his or her professional capacity as an alcohol and |
| |
10|drug counselor or be compelled to disclose such information except |
| |
11|as provided by rules promulgated by the Oklahoma Board of Licensed |
| |
12|Alcohol and Drug Counselors Department of Mental Health and |
| |
13|Substance Abuse Services. Such rules shall comply with state and |
| |
14|federal law. |
| |
15| SECTION 8. AMENDATORY 59 O.S. 2021, Section 1881, is |
| |
16|amended to read as follows: |
| |
17| Section 1881. A. The Oklahoma Board of Licensed Alcohol and |
| |
18|Drug Counselors Department of Mental Health and Substance Abuse |
| |
19|Services may deny, revoke, suspend, place on probation or otherwise |
| |
20|sanction the holder of or candidate for any certificate or license |
| |
21|issued pursuant to the provisions of the Licensed Alcohol and Drug |
| |
22|Counselors Act to a certified or licensed alcohol and drug |
| |
23|counselor, or withdraw its acceptance of a licensed or certified |
| |
24|alcohol and drug counselor candidate if the person has: |
| |
Req. No. 14261 Page 26
___________________________________________________________________________
1| 1. Been convicted of or pleaded guilty or nolo contendere to a |
| |
2|felony; |
| |
3| 2. Been convicted of or pleaded guilty or nolo contendere to a |
| |
4|misdemeanor determined to be of such a nature as to render the |
| |
5|person convicted unfit to practice alcohol and drug counseling; |
| |
6| 3. Been found by the Board Department to have a substance abuse |
| |
7|or co-occurring disorder and not be in recovery or to have relapsed |
| |
8|from recovery; |
| |
9| 4. Engaged in fraud or deceit in connection with services |
| |
10|rendered or in establishing needed qualifications pursuant to the |
| |
11|provisions of the Licensed Alcohol and Drug counselors Act; |
| |
12| 5. Knowingly aided or abetted a person not certified or |
| |
13|licensed pursuant to these provisions in representing himself or |
| |
14|herself as a certified or licensed alcohol and drug counselor in |
| |
15|this state; |
| |
16| 6. Engaged in unprofessional conduct as defined by rules |
| |
17|promulgated by the Board Department; |
| |
18| 7. Engaged in negligence or wrongful actions in the performance |
| |
19|of his or her duties; or |
| |
20| 8. Misrepresented any information required in obtaining a |
| |
21|certificate or license. |
| |
22| B. No certificate or license shall be suspended or revoked, nor |
| |
23|shall a certified or licensed alcohol and drug counselor be placed |
| |
24|on probation or subjected to an administrative penalty until notice |
| |
Req. No. 14261 Page 27
___________________________________________________________________________
1|is served upon the certified or licensed alcohol and drug counselor |
| |
2|and an opportunity for a hearing is provided in conformity with |
| |
3|Article II of the Administrative Procedures Act. |
| |
4| C. In addition to the notice provided for in subsection B of |
| |
5|this section, notice shall also be served on the licensing board |
| |
6|Department for any other license held by the certified or licensed |
| |
7|alcohol and drug counselor. |
| |
8| D. 1. Any person who is determined by the Board Department to |
| |
9|have violated any provision of the Licensed Alcohol and Drug |
| |
10|Counselors Act, or any rule promulgated or order issued pursuant |
| |
11|thereto, may be subject to an administrative penalty. |
| |
12| 2. The maximum administrative penalty shall not exceed Ten |
| |
13|Thousand Dollars ($10,000.00). |
| |
14| 3. Administrative penalties imposed pursuant to this subsection |
| |
15|shall be enforceable in the district courts of this state. |
| |
16| 4. All administrative penalties collected shall be deposited |
| |
17|into the Licensed Alcohol and Drug Counselors Revolving Fund, |
| |
18|created by Section 1883 of this title. |
| |
19| E. The hearings provided for by the Licensed Alcohol and Drug |
| |
20|Counselors Act shall be conducted in conformity with, and records |
| |
21|made thereof as provided by Article II of the Administrative |
| |
22|Procedures Act. |
| |
23| SECTION 9. AMENDATORY 59 O.S. 2021, Section 1882, is |
| |
24|amended to read as follows: |
| |
Req. No. 14261 Page 28
___________________________________________________________________________
1| Section 1882. The Oklahoma Board of Licensed Alcohol and Drug |
| |
2|Counselors Department of Mental Health and Substance Abuse Services |
| |
3|shall promulgate rules governing any certification or licensure |
| |
4|action to be taken pursuant to the Administrative Procedures Act. |
| |
5| SECTION 10. AMENDATORY 59 O.S. 2021, Section 1883, is |
| |
6|amended to read as follows: |
| |
7| Section 1883. There is hereby created in the State Treasury a |
| |
8|revolving fund for the Oklahoma Board of Licensed Alcohol and Drug |
| |
9|Counselors Department of Mental Health and Substance Abuse Services, |
| |
10|to be designated the "Licensed Alcohol and Drug Counselors Revolving |
| |
11|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
12|year limitations, and shall consist of all monies received pursuant |
| |
13|to the Licensed Alcohol and Drug Counselors Act. All monies |
| |
14|accruing to the credit of the fund are hereby appropriated and may |
| |
15|be budgeted and expended by the Board Department to meet expenses |
| |
16|necessary for carrying out the purposes of this act. Expenditures |
| |
17|from the fund shall be approved by the Board Department and shall be |
| |
18|made upon warrants issued by the State Treasurer against claims |
| |
19|filed as prescribed by law with the Director of the Office of |
| |
20|Management and Enterprise Services for approval and payment. |
| |
21| SECTION 11. AMENDATORY 59 O.S. 2021, Section 1884, is |
| |
22|amended to read as follows: |
| |
23| Section 1884. A. The fee for certification, licensure or |
| |
24|annual renewal of a certificate or license as a certified or |
| |
Req. No. 14261 Page 29
___________________________________________________________________________
1|licensed alcohol and drug counselor, certification to provide |
| |
2|treatment for co-occurring disorders, approval as a supervisor or |
| |
3|for other actions reasonable and necessary to the proper |
| |
4|administration of the provisions of the Licensed Alcohol and Drug |
| |
5|Counselors Act shall be fixed by the Oklahoma Board of Licensed |
| |
6|Alcohol and Drug Counselors Department of Mental Health and |
| |
7|Substance Abuse Services. |
| |
8| B. The Board Department shall fix the amount of the fees so |
| |
9|that the total fees collected will be sufficient to meet the |
| |
10|expenses of administering the provisions of the Licensed Alcohol and |
| |
11|Drug Counselors Act and so that there are no unnecessary surpluses |
| |
12|in the Licensed Alcohol and Drug Counselors Revolving Fund; |
| |
13|provided, the Board Department shall not fix the certification or |
| |
14|licensure fee at an amount in excess of Three Hundred Dollars |
| |
15|($300.00), or the annual renewal fee at an amount in excess of Two |
| |
16|Hundred Dollars ($200.00). |
| |
17| C. 1. The fee for the issuance of a certificate or license to |
| |
18|replace a lost, destroyed or mutilated certificate or license shall |
| |
19|be Twenty-five Dollars ($25.00). |
| |
20| 2. The fee shall accompany the application for a replacement |
| |
21|license. |
| |
22| D. The fee for the application and examination required |
| |
23|pursuant to the provisions of the Licensed Alcohol and Drug |
| |
24|Counselors Act shall not exceed Five Hundred Dollars ($500.00). |
| |
Req. No. 14261 Page 30
___________________________________________________________________________
1| SECTION 12. AMENDATORY 59 O.S. 2021, Section 1902, is |
| |
2|amended to read as follows: |
| |
3| Section 1902. For the purpose of the Licensed Professional |
| |
4|Counselors Act: |
| |
5| 1. "Licensed professional counselor" or "LPC" means any person |
| |
6|who offers professional counseling services for compensation to any |
| |
7|person and is licensed pursuant to the provisions of the Licensed |
| |
8|Professional Counselors Act. The term shall not include those |
| |
9|professions exempted by Section 1903 of this title; |
| |
10| 2. "Board" means the State Board of Behavioral Health Licensure
1| 4. "Counseling treatment interventions" means the application |
| |
2|of cognitive, affective, behavioral and systemic counseling |
| |
3|strategies which include principles of development, wellness, and |
| |
4|pathology that reflect a pluralistic society. Such interventions |
| |
5|are specifically implemented in the context of a professional |
| |
6|counseling relationship; |
| |
7| 5. "Consulting" means interpreting or reporting scientific fact |
| |
8|or theory in counseling to provide assistance in solving current or |
| |
9|potential problems of individuals, groups or organizations; |
| |
10| 6. "Department" means the Oklahoma Department of Mental Health |
| |
11|and Substance Abuse Services; |
| |
12| 6. 7. "Referral activities" means the evaluating of data to |
| |
13|identify problems and to determine the advisability of referral to |
| |
14|other specialists; |
| |
15| 7. 8. "Research activities" means reporting, designing, |
| |
16|conducting or consulting on research in counseling; |
| |
17| 8. 9. "Specialty" means the designation of a subarea of |
| |
18|counseling practice that is recognized by a national certification |
| |
19|agency or by the Board Department; |
| |
20| 9. 10. "Supervisor" means a person who meets the requirements |
| |
21|established by the Board Department and who is licensed pursuant to |
| |
22|the Licensed Professional Counselors Act; and |
| |
23| 10. 11. "Licensed professional counselor candidate" means a |
| |
24|person whose application for licensure has been accepted and who is |
| |
Req. No. 14261 Page 32
___________________________________________________________________________
1|under supervision for licensure as provided in Section 1906 of this |
| |
2|title; and |
| |
3| 11. "Executive Director" means the Executive Director of the |
| |
4|State Board of Behavioral Health Licensure. |
| |
5| SECTION 13. AMENDATORY 59 O.S. 2021, Section 1905, is |
| |
6|amended to read as follows: |
| |
7| Section 1905. A. The State Board of Behavioral Health |
| |
8|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
9|Services shall: |
| |
10| 1. Prescribe, adopt and promulgate rules to implement and |
| |
11|enforce the provisions of the Licensed Professional Counselors Act, |
| |
12|including the adoption of the State Department of Health rules by |
| |
13|reference; |
| |
14| 2. Adopt and establish rules of professional conduct; |
| |
15| 3. Set license and examination fees as required by the Licensed |
| |
16|Professional Counselors Act; and |
| |
17| 4. Promulgate rules for licensed professional counselors who |
| |
18|are licensed outside of Oklahoma to provide counseling services |
| |
19|approved by the Licensed Professional Counselors Act, the Marital |
| |
20|and Family Therapist Licensure Act, and the Licensed Behavioral |
| |
21|Practitioner Act. Provided, such rules shall only be valid for the |
| |
22|duration of a declaration of emergency issued by the Governor or the |
| |
23|Legislature pursuant to the Oklahoma Emergency Management Act of |
| |
24|2003 or a declaration of a catastrophic health emergency issued by |
| |
Req. No. 14261 Page 33
___________________________________________________________________________
1|the Governor pursuant to the Catastrophic Health Emergency Powers |
| |
2|Act. Provided, such rules shall only authorize the provision of |
| |
3|services that are pro bono or reimbursed by nongovernmental |
| |
4|entities. Nothing in this section shall be construed as to permit |
| |
5|the adoption of permanent rules weakening the licensing requirements |
| |
6|established by the Licensed Professional Counselors Act, the Marital |
| |
7|and Family Therapist Licensure Act, and the Licensed Behavioral |
| |
8|Practitioner Act. |
| |
9| B. The Board Department shall have the authority to: |
| |
10| 1. Seek injunctive relief; |
| |
11| 2. Request the district attorney to bring an action to enforce |
| |
12|the provisions of the Licensed Professional Counselors Act; |
| |
13| 3. Receive fees and deposit said fees into the Licensed |
| |
14|Professional Counselors Revolving Fund as required by the Licensed |
| |
15|Professional Counselors Act; |
| |
16| 4. Issue, renew, revoke, deny, suspend and place on probation |
| |
17|licenses to practice professional counseling pursuant to the |
| |
18|provisions of the Licensed Professional Counselors Act; |
| |
19| 5. Examine all qualified applicants for licenses to practice |
| |
20|professional counseling; |
| |
21| 6. Request assistance from the State Board of Medical Licensure |
| |
22|and Supervision for the purposes of investigating complaints and |
| |
23|possible violations of the Licensed Professional Counselors Act; |
| |
24| |
| |
Req. No. 14261 Page 34
___________________________________________________________________________
1| 7. Accept grants and gifts from various foundations and |
| |
2|institutions; and |
| |
3| 8. Make such expenditures and employ such personnel as the |
| |
4|Executive Director may deem necessary for the administration of the |
| |
5|Licensed Professional Counselors Act. |
| |
6| SECTION 14. AMENDATORY 59 O.S. 2021, Section 1906, is |
| |
7|amended to read as follows: |
| |
8| Section 1906. A. Applications for a license to practice as a |
| |
9|licensed professional counselor shall be made to the State Board of |
| |
10|Behavioral Health Licensure Oklahoma Department of Mental Health and |
| |
11|Substance Abuse Services in writing. Such applications shall be on |
| |
12|a form and in a manner prescribed by the Board Department. The |
| |
13|application shall be accompanied by the fee required by the Licensed |
| |
14|Professional Counselors Act, which shall be retained by the Board |
| |
15|Department and not returned to the applicant. |
| |
16| B. Each applicant for a license to practice as a licensed |
| |
17|professional counselor shall: |
| |
18| 1. Pass an examination based on standards promulgated by the |
| |
19|Board Department pursuant to the Licensed Professional Counselors |
| |
20|Act; |
| |
21| 2. Be at least twenty-one (21) years of age; |
| |
22| 3. Not have engaged in, nor be engaged in, any practice or |
| |
23|conduct which would be grounds for denying, revoking or suspending a |
| |
24|license pursuant to this title; and |
| |
Req. No. 14261 Page 35
___________________________________________________________________________
1| 4. Otherwise comply with the rules promulgated by the Board |
| |
2|Department pursuant to the provisions of the Licensed Professional |
| |
3|Counselors Act. |
| |
4| C. In addition to the qualifications specified by the |
| |
5|provisions of subsection B of this section, an applicant for a |
| |
6|license to practice as a licensed professional counselor shall have: |
| |
7| 1. Successfully completed at least sixty (60) graduate semester |
| |
8|hours (ninety (90) graduate quarter hours) of counseling-related |
| |
9|course work. These sixty (60) hours shall include at least a |
| |
10|master's degree in a counseling field. All courses and degrees |
| |
11|shall be earned from a regionally accredited college or university. |
| |
12|The Board Department shall define what course work qualifies as |
| |
13|"counseling-related" and what degrees/majors qualify as a |
| |
14|"counseling field"; and |
| |
15| 2. Three (3) years of supervised full-time experience in |
| |
16|professional counseling subject to the supervision of a licensed |
| |
17|professional counselor pursuant to conditions established by the |
| |
18|Board Department. One (1) or two (2) years of experience may be |
| |
19|gained at the rate of one (1) year for each thirty (30) graduate |
| |
20|semester hours earned beyond the master's degree, provided that such |
| |
21|hours are clearly related to the field of counseling and are |
| |
22|acceptable to the Board Department. The applicant shall have no |
| |
23|less than one (1) year of supervised full-time experience in |
| |
24|counseling. |
| |
Req. No. 14261 Page 36
___________________________________________________________________________
1| D. Applicants with degrees from schools outside the United |
| |
2|States may qualify with Board Department approval by providing the |
| |
3|Board Department with an acceptable comprehensive evaluation of the |
| |
4|degree performed by a foreign credential evaluation service that is |
| |
5|acceptable to the Board Department, and any other requirement the |
| |
6|Board Department deems necessary. |
| |
7| E. Applicants licensed in other states shall be licensed by the |
| |
8|Board Department if the candidate is in good standing in the other |
| |
9|state, has maintained a minimum of three (3) years of licensure |
| |
10|since the time of initial full licensure post-provisional term and |
| |
11|submits proof of licensure in the other state. |
| |
12| SECTION 15. AMENDATORY 59 O.S. 2021, Section 1907, is |
| |
13|amended to read as follows: |
| |
14| Section 1907. A. 1. Examinations shall be held at such times, |
| |
15|at such place and in such manner as the State Board of Behavioral |
| |
16|Health Licensure Oklahoma Department of Mental Health and Substance |
| |
17|Abuse Services directs. An examination shall be held at least |
| |
18|annually. The Board Department shall determine the acceptable grade |
| |
19|on examinations. The examination shall cover such technical, |
| |
20|professional and practical subjects as relate to the practice of |
| |
21|professional counseling. |
| |
22| 2. If an applicant fails to pass the examinations, the |
| |
23|applicant may reapply. |
| |
24| |
| |
Req. No. 14261 Page 37
___________________________________________________________________________
1| B. The Board Department shall preserve answers to any |
| |
2|examination, and the applicant's performance on each section, as |
| |
3|part of the records of the Board Department for a period of two (2) |
| |
4|years following the date of the examination. |
| |
5| SECTION 16. AMENDATORY 59 O.S. 2021, Section 1908, is |
| |
6|amended to read as follows: |
| |
7| Section 1908. A. An applicant who meets the requirements for |
| |
8|licensure pursuant to the provisions of the Licensed Professional |
| |
9|Counselors Act, has paid the required license fees and has otherwise |
| |
10|complied with the provisions of the Licensed Professional Counselors |
| |
11|Act shall be licensed by the State Board of Behavioral Health |
| |
12|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
13|Services. |
| |
14| B. Each initial license issued pursuant to the Licensed |
| |
15|Professional Counselors Act shall expire twenty-four (24) months |
| |
16|from the date of issuance unless revoked. A license may be renewed |
| |
17|annually upon application and payment of fees. The application for |
| |
18|renewal shall be accompanied by evidence satisfactory to the Board |
| |
19|Department that the applicant has completed relevant professional or |
| |
20|continued educational experience during the previous twenty-four |
| |
21|(24) months. Failure to renew a license shall result in forfeiture |
| |
22|of the rights and privileges granted by the license. A person whose |
| |
23|license has expired may make application within one (1) year |
| |
24|following the expiration in writing to the Board Department |
| |
Req. No. 14261 Page 38
___________________________________________________________________________
1|requesting reinstatement in a manner prescribed by the Board |
| |
2|Department and payment of the fees required by the provisions of the |
| |
3|Licensed Professional Counselors Act. The license of a person whose |
| |
4|license has expired for more than one (1) year shall not be |
| |
5|reinstated. A person may reapply for a new license as provided in |
| |
6|Section 1906 of this title. |
| |
7| C. A licensed professional counselor whose license is current |
| |
8|and in good standing, who wishes to retire the license, may do so by |
| |
9|informing the Board Department in writing and returning the license |
| |
10|to the Office of Licensed Professional Counselors. A license so |
| |
11|retired shall not be reinstated but does not prevent a person from |
| |
12|applying for a new license at a future date. |
| |
13| SECTION 17. AMENDATORY 59 O.S. 2021, Section 1909, is |
| |
14|amended to read as follows: |
| |
15| Section 1909. The State Board of Behavioral Health Licensure |
| |
16|Oklahoma Department of Mental Health and Substance Abuse Services |
| |
17|shall have the power to issue a license by endorsement to an |
| |
18|applicant licensed in another state to practice as a licensed |
| |
19|professional counselor if the Board Department deems such applicant |
| |
20|to have qualifications comparable to those required under the |
| |
21|Licensed Professional Counselors Act and if the Board Department |
| |
22|finds the applicant meets the standards, provided by rules, for |
| |
23|license by endorsement. |
| |
24| |
| |
Req. No. 14261 Page 39
___________________________________________________________________________
1| SECTION 18. AMENDATORY 59 O.S. 2021, Section 1911, is |
| |
2|amended to read as follows: |
| |
3| Section 1911. A. Any person who: |
| |
4| 1. Represents himself or herself by the title "Licensed |
| |
5|Professional Counselor" or "LPC" without having first complied with |
| |
6|the provisions of the Licensed Professional Counselors Act; |
| |
7| 2. Otherwise offers to perform counseling services; |
| |
8| 3. Uses the title of Licensed Professional Counselor or any |
| |
9|other name, style or description denoting that the person is |
| |
10|licensed as a licensed professional counselor; or |
| |
11| 4. Practices counseling, |
| |
12|upon conviction thereof, shall be guilty of a misdemeanor and shall |
| |
13|be punished by imposition of a fine of not less than One Hundred |
| |
14|Dollars ($100.00) nor more than Five Hundred Dollars ($500.00) for |
| |
15|each offense and in addition may be imprisoned for a term not to |
| |
16|exceed six (6) months in the county jail or by both such fine and |
| |
17|imprisonment. |
| |
18| B. It shall be unlawful for any person who is not licensed or |
| |
19|supervised pursuant to or specifically exempt from the provisions of |
| |
20|the Licensed Professional Counselors Act to: |
| |
21| 1. Advertise or otherwise offer to perform counseling services; |
| |
22| 2. Use the title of Licensed Professional Counselor or any |
| |
23|other name, style or description denoting that the person is |
| |
24|licensed as a licensed professional counselor; or |
| |
Req. No. 14261 Page 40
___________________________________________________________________________
1| 3. Practice counseling. |
| |
2|Such action shall be subject to injunctive action by the State Board |
| |
3|of Behavioral Health Licensure Oklahoma Department of Mental Health |
| |
4|and Substance Abuse Services. |
| |
5| SECTION 19. AMENDATORY 59 O.S. 2021, Section 1912, is |
| |
6|amended to read as follows: |
| |
7| Section 1912. A. The State Board of Behavioral Health |
| |
8|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
9|Services may deny, revoke, suspend or place on probation any license |
| |
10|or specialty designation issued pursuant to the provisions of the |
| |
11|Licensed Professional Counselors Act to a licensed professional |
| |
12|counselor, if the person has: |
| |
13| 1. Been convicted of a felony crime that substantially relates |
| |
14|to the practice of counseling and poses a reasonable threat to |
| |
15|public safety; |
| |
16| 2. Engaged in fraud or deceit in connection with services |
| |
17|rendered or in establishing needed qualifications pursuant to the |
| |
18|provisions of this act; |
| |
19| 3. Knowingly aided or abetted a person not licensed pursuant to |
| |
20|these provisions in representing himself as a licensed professional |
| |
21|counselor in this state; |
| |
22| 4. Engaged in unprofessional conduct as defined by the rules |
| |
23|established by the Board Department; |
| |
24| |
| |
Req. No. 14261 Page 41
___________________________________________________________________________
1| 5. Engaged in negligence or wrongful actions in the performance |
| |
2|of his or her duties; or |
| |
3| 6. Misrepresented any information required in obtaining a |
| |
4|license. |
| |
5| B. If the Board Department determines that a felony conviction |
| |
6|of an applicant renders the convicted applicant unfit to practice |
| |
7|counseling, the Board Department shall provide notice and |
| |
8|opportunity to the applicant, by certified mail at the last-known |
| |
9|address, for an administrative hearing to contest such determination |
| |
10|before the Board Department may deny the application. The request |
| |
11|shall be made by the applicant within fifteen (15) days of receipt |
| |
12|of the notice. |
| |
13| C. No license or specialty designation shall be suspended or |
| |
14|revoked, nor a licensed professional counselor placed on probation |
| |
15|until notice is served upon the licensed professional counselor and |
| |
16|a hearing is held in conformity with Article II of the |
| |
17|Administrative Procedures Act. |
| |
18| D. As used in this section: |
| |
19| 1. "Substantially relates" means the nature of criminal conduct |
| |
20|for which the person was convicted has a direct bearing on the |
| |
21|fitness or ability to perform one or more of the duties or |
| |
22|responsibilities necessarily related to the occupation; and |
| |
23| 2. "Poses a reasonable threat" means the nature of criminal |
| |
24|conduct for which the person was convicted involved an act or threat |
| |
Req. No. 14261 Page 42
___________________________________________________________________________
1|of harm against another and has a bearing on the fitness or ability |
| |
2|to serve the public or work with others in the occupation. |
| |
3| SECTION 20. AMENDATORY 59 O.S. 2021, Section 1913.1, is |
| |
4|amended to read as follows: |
| |
5| Section 1913.1. A. The State Board of Behavioral Health |
| |
6|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
7|Services shall promulgate rules governing any licensure action to be |
| |
8|taken pursuant to the Licensed Professional Counselors Act which |
| |
9|shall be consistent with the requirements of notice and hearing |
| |
10|under the Administrative Procedures Act. No action shall be taken |
| |
11|without prior notice unless the Board Department determines that |
| |
12|there exists a threat to the health and safety of the residents of |
| |
13|Oklahoma. |
| |
14| B. 1. Any person who is determined by the Board Department to |
| |
15|have violated any provision of the Licensed Professional Counselors |
| |
16|Act, or any rule promulgated or order issued pursuant thereto, may |
| |
17|be subject to an administrative penalty. |
| |
18| 2. The maximum administrative penalty shall not exceed Ten |
| |
19|Thousand Dollars ($10,000.00). |
| |
20| 3. Administrative penalties imposed pursuant to this subsection |
| |
21|shall be enforceable in the district courts of this state. |
| |
22| 4. All administrative penalties collected shall be deposited |
| |
23|into the Licensed Professional Counselors Revolving Fund. |
| |
24| |
| |
Req. No. 14261 Page 43
___________________________________________________________________________
1| SECTION 21. AMENDATORY 59 O.S. 2021, Section 1916.1, is |
| |
2|amended to read as follows: |
| |
3| Section 1916.1. All licensed professional counselors, except |
| |
4|those employed by federal, state, or local governmental agencies, |
| |
5|shall, prior to the performance of service, furnish the client with |
| |
6|a copy of the Statement of Professional Disclosure as promulgated by |
| |
7|rule of the State Board of Behavioral Health Licensure Oklahoma |
| |
8|Department of Mental Health and Substance Abuse Services. A current |
| |
9|copy shall be on file with the Board Department at all times. |
| |
10| SECTION 22. AMENDATORY 59 O.S. 2021, Section 1917, is |
| |
11|amended to read as follows: |
| |
12| Section 1917. A. A professional specialty designation area may |
| |
13|be established by the State Board of Behavioral Health Licensure |
| |
14|Oklahoma Department of Mental Health and Substance Abuse Services |
| |
15|upon receipt of a petition signed by fifteen qualified persons who |
| |
16|are currently licensed as licensed professional counselors, and who |
| |
17|meet the recognized minimum standards as established by appropriate |
| |
18|nationally recognized certification agencies; provided, if a |
| |
19|nationally recognized certification does not exist, the Board |
| |
20|Department may establish minimum standards for specialty |
| |
21|designations. |
| |
22| B. Upon receipt of credentials from the appropriate |
| |
23|certification agency, the Board Department may grant the licensed |
| |
24|professional counselor the appropriate specialty designation. The |
| |
Req. No. 14261 Page 44
___________________________________________________________________________
1|licensed professional counselor may attain specialty designation |
| |
2|through examination. A licensed professional counselor shall not |
| |
3|claim or advertise a counseling specialty and shall not incorporate |
| |
4|the specialty designation into the professional title of such |
| |
5|licensed professional counselor, unless the qualifications and |
| |
6|certification requirements of that specialty have been met and have |
| |
7|been approved by the Board Department and the appropriate |
| |
8|certification agency. |
| |
9| SECTION 23. AMENDATORY 59 O.S. 2021, Section 1918, is |
| |
10|amended to read as follows: |
| |
11| Section 1918. There is hereby created in the State Treasury a |
| |
12|revolving fund for the State Board of Behavioral Health Licensure |
| |
13|Oklahoma Department of Mental Health and Substance Abuse Services, |
| |
14|to be designated the "Licensed Professional Counselors Revolving |
| |
15|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
16|year limitations, and shall consist of all monies received pursuant |
| |
17|to this act. All monies accruing to the credit of said fund are |
| |
18|hereby appropriated and may be budgeted and expended by the |
| |
19|Executive Director Commissioner to meet expenses necessary for |
| |
20|carrying out the purpose of the Licensed Professional Counselors |
| |
21|Act. Expenditures from said fund shall be approved by the Board |
| |
22|Department and shall be made upon warrants issued by the State |
| |
23|Treasurer against claims filed as prescribed by law with the |
| |
24| |
| |
Req. No. 14261 Page 45
___________________________________________________________________________
1|Director of the Office of Management and Enterprise Services for |
| |
2|approval and payment. |
| |
3| SECTION 24. AMENDATORY 59 O.S. 2021, Section 1919, is |
| |
4|amended to read as follows: |
| |
5| Section 1919. A. The licensing fee and the annual renewal fee |
| |
6|shall be amounts fixed by the State Board of Behavioral Health |
| |
7|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
8|Services upon recommendations of the Oklahoma Licensed Professional |
| |
9|Counselors Advisory Board. |
| |
10| B. The Board Department shall fix the amount of the fees so |
| |
11|that the total fees collected will be sufficient to meet the |
| |
12|expenses of administering the provisions of the Licensed |
| |
13|Professional Counselors Act and so that there are no unnecessary |
| |
14|surpluses in the Licensed Professional Counselors Revolving Fund. |
| |
15| C. The Board Department shall not fix a license fee at an |
| |
16|amount in excess of Three Hundred Dollars ($300.00) and a renewal |
| |
17|fee at an amount in excess of Two Hundred Dollars ($200.00). |
| |
18| D. 1. The fee for the issuance of a license to replace a |
| |
19|license which was lost, destroyed or mutilated shall be Twenty-five |
| |
20|Dollars ($25.00). |
| |
21| 2. The fee shall accompany the application for a replacement |
| |
22|license. |
| |
23| 3. The fee for specialty designation shall not exceed One |
| |
24|Hundred Fifty Dollars ($150.00). |
| |
Req. No. 14261 Page 46
___________________________________________________________________________
1| 4. The fee for an examination required pursuant to the Licensed |
| |
2|Professional Counselors Act shall not exceed the Board's |
| |
3|Department's actual costs for holding and grading the examination. |
| |
4| SECTION 25. AMENDATORY 59 O.S. 2021, Section 1925.2, is |
| |
5|amended to read as follows: |
| |
6| Section 1925.2. For purposes of the Marital and Family |
| |
7|Therapist Licensure Act: |
| |
8| 1. "Advertise" means, but is not limited to, the issuing or |
| |
9|causing to be distributed any card, sign, or device to any person; |
| |
10|or the causing, permitting or allowing any sign or marking on or in |
| |
11|any building or structure, or in any newspaper or magazine or in any |
| |
12|directory, or on radio or television, or by advertising by any other |
| |
13|means designed to secure public attention; |
| |
14| 2. "Board" means the State Board of Behavioral Health Licensure4. 5. "Marital and family therapy" means the assessment, |
| |
23|diagnosis and treatment of disorders, whether cognitive, affective, |
| |
24|or behavioral, within the context of marital and family systems. |
| |
Req. No. 14261 Page 47
___________________________________________________________________________
1|Marital and family therapy involves the professional application of |
| |
2|family systems theories and techniques in the delivery of services |
| |
3|to individuals, marital pairs, and families for the purpose of |
| |
4|treating such disorders; |
| |
5| 5. 6. "Person" means any individual, firm, corporation, |
| |
6|partnership, organization or body politic; |
| |
7| 6. 7. "Practice of marital and family therapy" means the |
| |
8|rendering of professional marital and family therapy services to |
| |
9|individuals, family groups and marital pairs, singly or in groups, |
| |
10|whether such services are offered directly to the general public or |
| |
11|through organizations either public or private, for a fee, monetary |
| |
12|or otherwise; |
| |
13| 7. 8. "Recognized educational institution" means a regionally |
| |
14|accredited college or university recognized by the United States |
| |
15|Department of Education; |
| |
16| 8. 9. "Use a title or description of" means to hold oneself out |
| |
17|to the public as having a particular status by means of stating on |
| |
18|signs, mailboxes, address plates, stationery, announcements, calling |
| |
19|cards or other instruments of professional identification; and |
| |
20| 9. 10. "Licensed marital and family therapist candidate" means |
| |
21|a person whose application for licensure has been accepted and who |
| |
22|is under supervision for licensure as set forth in Section 1925.6 of |
| |
23|this title; and |
| |
24| |
| |
Req. No. 14261 Page 48
___________________________________________________________________________
1| 10. "Executive Director" means the Executive Director of the |
| |
2|State Board of Behavioral Health Licensure. |
| |
3| SECTION 26. AMENDATORY 59 O.S. 2021, Section 1925.5, is |
| |
4|amended to read as follows: |
| |
5| Section 1925.5. A. The State Board of Behavioral Health |
| |
6|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
7|Services shall: |
| |
8| 1. Prescribe, adopt and promulgate rules to implement and |
| |
9|enforce the provisions of the Marital and Family Therapist Licensure |
| |
10|Act; |
| |
11| 2. Set license and examination fees as required by the Marital |
| |
12|and Family Therapist Licensure Act, including the adoption of the |
| |
13|State Department of Health rules by reference; and |
| |
14| 3. Adopt and establish rules of professional conduct. |
| |
15| B. The Board Department shall have the authority to: |
| |
16| 1. Seek injunctive relief; |
| |
17| 2. Receive fees and deposit said fees into the Licensed Marital |
| |
18|and Family Therapist Revolving Fund as required by the Marital and |
| |
19|Family Therapist Licensure Act; |
| |
20| 3. Issue, renew, revoke, deny, suspend and place on probation |
| |
21|licenses to practice marital and family therapy pursuant to the |
| |
22|provisions of the Marital and Family Therapist Licensure Act; |
| |
23| 4. Examine all qualified applicants for licenses to practice |
| |
24|marital and family therapy; |
| |
Req. No. 14261 Page 49
___________________________________________________________________________
1| 5. Accept grants and gifts from various foundations and |
| |
2|institutions; |
| |
3| 6. Make such expenditures and employ such personnel as the |
| |
4|Commissioner may deem necessary for the administration of the |
| |
5|Marital and Family Therapist Licensure Act; |
| |
6| 7. Request the district attorney to bring an action to enforce |
| |
7|the provisions of the Marital and Family Therapist Licensure Act; |
| |
8|and |
| |
9| 8. Request assistance from the State Board of Medical Licensure |
| |
10|and Supervision for the purposes of investigating complaints and |
| |
11|possible violations of the Marital and Family Therapist Licensure |
| |
12|Act. |
| |
13| SECTION 27. AMENDATORY 59 O.S. 2021, Section 1925.6, is |
| |
14|amended to read as follows: |
| |
15| Section 1925.6. A. Applications for a license to practice as a |
| |
16|licensed marital and family therapist shall be made to the State |
| |
17|Board of Behavioral Health Licensure Oklahoma Department of Mental |
| |
18|Health and Substance Abuse Services in writing. Such applications |
| |
19|shall be on a form and in a manner prescribed by the Board |
| |
20|Department. The application shall be accompanied by the fee |
| |
21|required by Section 1925.18 of this title which shall be retained by |
| |
22|the Board Department and not returned to the applicant. |
| |
23| B. Each applicant for a license to practice as a licensed |
| |
24|marital and family therapist shall: |
| |
Req. No. 14261 Page 50
___________________________________________________________________________
1| 1. Be at least twenty-one (21) years of age; |
| |
2| 2. Not have engaged in, nor be engaged in, any practice or |
| |
3|conduct which would be a grounds for revoking, suspending or placing |
| |
4|on probation a license under Section 1925.15 of this title; and |
| |
5| 3. Otherwise comply with the rules and regulations promulgated |
| |
6|by the Board Department pursuant to the provisions of the Marital |
| |
7|and Family Therapist Licensure Act. |
| |
8| C. In addition to the qualifications specified by the |
| |
9|provisions of subsection B of this section any person applying for a |
| |
10|license after September 1, 1991, to practice as a licensed marital |
| |
11|and family therapist shall have the following educational and |
| |
12|experience qualifications: |
| |
13| 1. A master's degree or a doctoral degree in marital and family |
| |
14|therapy, or a content-equivalent degree as defined by the Board |
| |
15|Department; |
| |
16| 2. Successful completion of two (2) calendar years of work |
| |
17|experience in marital and family therapy following receipt of a |
| |
18|qualifying degree, under supervision in accordance with standards |
| |
19|established by the Board Department; and |
| |
20| 3. An applicant applying for a license after September 1, 1991, |
| |
21|shall also be required to pass a written or oral examination or both |
| |
22|written and oral examination administered by the Board Department |
| |
23|if, at the discretion of the Board Department, such examination is |
| |
24| |
| |
Req. No. 14261 Page 51
___________________________________________________________________________
1|deemed necessary in order to determine the applicant's |
| |
2|qualifications for the practice of marital and family therapy. |
| |
3| SECTION 28. AMENDATORY 59 O.S. 2021, Section 1925.7, is |
| |
4|amended to read as follows: |
| |
5| Section 1925.7. A. Examinations shall be held at such times, |
| |
6|at such place and in such manner as the State Board of Behavioral |
| |
7|Health Licensure Oklahoma Department of Mental Health and Substance |
| |
8|Abuse Services directs. An examination shall be held at least |
| |
9|annually. Examinations may be written or oral or both written and |
| |
10|oral. In any written examination each applicant shall be designated |
| |
11|so that such applicant's name shall not be disclosed to the Board |
| |
12|Department until the examinations have been graded. Examinations |
| |
13|shall include questions in such theoretical and applied fields as |
| |
14|the Board Department deems most suitable to test an applicant's |
| |
15|knowledge and competence to engage in the practice of marital and |
| |
16|family therapy. |
| |
17| B. The Board Department shall determine the acceptable grade on |
| |
18|examinations. If an applicant fails to pass the examinations, the |
| |
19|applicant may reapply. |
| |
20| C. The Board Department shall preserve answers to any |
| |
21|examination, and the applicant's performance on each section, as |
| |
22|part of the records of the Board Department for a period of two (2) |
| |
23|years following the date of the examination. |
| |
24| |
| |
Req. No. 14261 Page 52
___________________________________________________________________________
1| SECTION 29. AMENDATORY 59 O.S. 2021, Section 1925.8, is |
| |
2|amended to read as follows: |
| |
3| Section 1925.8. A. An applicant who meets the requirements for |
| |
4|licensure required by the provisions of the Marital and Family |
| |
5|Therapist Licensure Act, has paid the required license fees and has |
| |
6|otherwise complied with the provisions of the Marital and Family |
| |
7|Therapist Licensure Act, shall be licensed by the State Board of |
| |
8|Behavioral Health Licensure Oklahoma Department of Mental Health and |
| |
9|Substance Abuse Services. |
| |
10| B. Each initial license issued pursuant to the Marital and |
| |
11|Family Therapist Licensure Act shall expire twenty-four (24) months |
| |
12|from the date of issuance. A license may be renewed annually upon |
| |
13|application and payment of fees. Failure to timely renew a license |
| |
14|shall result in expiration of the license and forfeiture of the |
| |
15|rights and privileges granted by the license. A person whose |
| |
16|license has expired may within one (1) year following the expiration |
| |
17|request reinstatement in a manner prescribed by the Board |
| |
18|Department. The license of a person whose license has expired |
| |
19|pursuant to this section for more than one (1) year shall not be |
| |
20|reinstated. |
| |
21| SECTION 30. AMENDATORY 59 O.S. 2021, Section 1925.9, is |
| |
22|amended to read as follows: |
| |
23| Section 1925.9. The State Board of Behavioral Health Licensure |
| |
24|Oklahoma Department of Mental Health and Substance Abuse Services |
| |
Req. No. 14261 Page 53
___________________________________________________________________________
1|shall have the power to issue, upon application and payment of fees, |
| |
2|a license by endorsement for an applicant licensed in another state |
| |
3|to practice as a licensed marital and family therapist if the Board |
| |
4|Department deems such applicant to have qualifications equivalent to |
| |
5|or which exceed those required pursuant to the provisions of the |
| |
6|Marital and Family Therapist Licensure Act and if the Board |
| |
7|Department finds the applicant meets the standards, provided by |
| |
8|rule, for license by endorsement. |
| |
9| SECTION 31. AMENDATORY 59 O.S. 2021, Section 1925.15, is |
| |
10|amended to read as follows: |
| |
11| Section 1925.15. A. The State Board of Behavioral Health |
| |
12|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
13|Services may deny, revoke, suspend or place on probation any license |
| |
14|issued subject to the provisions of the Marital and Family Therapist |
| |
15|Licensure Act, if the person has: |
| |
16| 1. Been convicted of a felony crime that substantially relates |
| |
17|to the practice of counseling and poses a reasonable threat to |
| |
18|public safety; |
| |
19| 2. Violated ethical standards of such a nature as to render the |
| |
20|person found by the Board Department to have engaged in such |
| |
21|violation unfit to practice marital and family therapy; |
| |
22| 3. Misrepresented any information required in obtaining a |
| |
23|license; |
| |
24| |
| |
Req. No. 14261 Page 54
___________________________________________________________________________
1| 4. Engaged in fraud or deceit in connection with services |
| |
2|rendered or in establishing needed qualifications pursuant to the |
| |
3|provisions of the Marital and Family Therapist Licensure Act; |
| |
4| 5. Knowingly aided or abetted a person not licensed pursuant to |
| |
5|these provisions in representing himself or herself as a licensed |
| |
6|marital and family therapist in this state; |
| |
7| 6. Engaged in unprofessional conduct as defined by the rules |
| |
8|promulgated by the Board Department; or |
| |
9| 7. Engaged in negligence or wrongful actions in the performance |
| |
10|of the duties of such person. |
| |
11| B. If the Board Department determines that a felony conviction |
| |
12|of an applicant renders the convicted applicant unfit to practice |
| |
13|counseling, the Board Department shall provide notice and |
| |
14|opportunity to the applicant, by certified mail at the last-known |
| |
15|address, for an administrative hearing to contest such determination |
| |
16|before the Board Department may deny the application. The request |
| |
17|shall be made by the applicant within fifteen (15) days of receipt |
| |
18|of the notice. |
| |
19| C. No license shall be suspended, revoked or placed on |
| |
20|probation until notice is served upon the licensed marital and |
| |
21|family therapist and a hearing is held in such manner as is required |
| |
22|by the Marital and Family Therapist Licensure Act. |
| |
23| D. Any person who is determined by the Board Department to have |
| |
24|violated any of the provisions of the Marital and Family Therapist |
| |
Req. No. 14261 Page 55
___________________________________________________________________________
1|Licensure Act or any rule promulgated or order issued pursuant |
| |
2|thereto may be subject to an administrative penalty. The maximum |
| |
3|fine shall not exceed Ten Thousand Dollars ($10,000.00). All |
| |
4|administrative penalties collected pursuant to the Marital and |
| |
5|Family Therapist Licensure Act shall be deposited into the Licensed |
| |
6|Marital and Family Therapist Revolving Fund. Administrative |
| |
7|penalties imposed pursuant to this subsection shall be enforceable |
| |
8|in the district courts of this state. |
| |
9| E. As used in this section: |
| |
10| 1. "Substantially relates" means the nature of criminal conduct |
| |
11|for which the person was convicted has a direct bearing on the |
| |
12|fitness or ability to perform one or more of the duties or |
| |
13|responsibilities necessarily related to the occupation; and |
| |
14| 2. "Poses a reasonable threat" means the nature of criminal |
| |
15|conduct for which the person was convicted involved an act or threat |
| |
16|of harm against another and has a bearing on the fitness or ability |
| |
17|to serve the public or work with others in the occupation. |
| |
18| SECTION 32. AMENDATORY 59 O.S. 2021, Section 1925.17, is |
| |
19|amended to read as follows: |
| |
20| Section 1925.17. There is hereby created in the State Treasury |
| |
21|a revolving fund for the State Board of Behavioral Health Licensure |
| |
22|Oklahoma Department of Mental Health and Substance Abuse Services, |
| |
23|to be designated the "Licensed Marital and Family Therapist |
| |
24|Revolving Fund". The fund shall be a continuing fund, not subject |
| |
Req. No. 14261 Page 56
___________________________________________________________________________
1|to fiscal year limitations, and shall consist of all monies received |
| |
2|pursuant to the provisions of the Marital and Family Therapist |
| |
3|Licensure Act. All monies accruing to the credit of said fund are |
| |
4|hereby appropriated and may be budgeted and expended by the |
| |
5|Executive Director Commissioner to meet expenses necessary for |
| |
6|carrying out the purpose of the Marital and Family Therapist |
| |
7|Licensure Act. Expenditures from said fund shall be approved by the |
| |
8|Board Department and shall be made upon warrants issued by the State |
| |
9|Treasurer against claims filed as prescribed by law with the |
| |
10|Director of the Office of Management and Enterprise Services for |
| |
11|approval and payment. |
| |
12| SECTION 33. AMENDATORY 59 O.S. 2021, Section 1925.18, is |
| |
13|amended to read as follows: |
| |
14| Section 1925.18. A. The licensing fee and the annual renewal |
| |
15|fee shall be amounts fixed by the State Board of Behavioral Health |
| |
16|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
17|Services. |
| |
18| B. 1. The Board Department shall fix the amount of the fees so |
| |
19|that the total fees collected will be sufficient to meet the |
| |
20|expenses of administering the provisions of the Marital and Family |
| |
21|Therapist Licensure Act and so that there are no unnecessary |
| |
22|surpluses in the Licensed Marital and Family Therapist Revolving |
| |
23|Fund. |
| |
24| |
| |
Req. No. 14261 Page 57
___________________________________________________________________________
1| 2. The Board Department shall not fix a license fee at an |
| |
2|amount in excess of Three Hundred Dollars ($300.00) and a renewal |
| |
3|fee at an amount in excess of Two Hundred Dollars ($200.00). |
| |
4| 3. The fee for the issuance of a license to replace a license |
| |
5|which was lost, destroyed or mutilated shall be Twenty-five Dollars |
| |
6|($25.00). |
| |
7| 4. The fee shall accompany the application for a replacement |
| |
8|license. |
| |
9| 5. The fee for an examination required pursuant to the Marital |
| |
10|and Family Therapist Licensure Act shall not exceed the actual costs |
| |
11|incurred by the Board Department for holding and grading the |
| |
12|examinations. |
| |
13| SECTION 34. AMENDATORY 59 O.S. 2021, Section 1931, is |
| |
14|amended to read as follows: |
| |
15| Section 1931. For the purpose of the Licensed Behavioral |
| |
16|Practitioner Act: |
| |
17| 1. "Behavioral health services" means the application of the |
| |
18|scientific components of psychological and mental health principles |
| |
19|in order to: |
| |
20| a. facilitate human development and adjustment |
| |
21| throughout the life span, |
| |
22| b. prevent, diagnose, or treat mental, emotional, or |
| |
23| behavioral disorders or associated distress which |
| |
24| interfere with mental health, |
| |
Req. No. 14261 Page 58
___________________________________________________________________________
1| c. conduct assessments or diagnoses for the purpose of |
| |
2| establishing treatment goals and objectives, and |
| |
3| d. plan, implement, or evaluate treatment plans using |
| |
4| behavioral treatment interventions; |
| |
5| 2. "Behavioral treatment interventions" means the application |
| |
6|of empirically validated treatment modalities, including, but not |
| |
7|limited to, operant and classical conditioning techniques, |
| |
8|adherence/compliance methods, habit reversal procedures, cognitive |
| |
9|behavior therapy, biofeedback procedures and parent training. Such |
| |
10|interventions are specifically implemented in the context of a |
| |
11|professional therapeutic relationship; |
| |
12| 3. "Board" means the State Board of Behavioral Health Licensure |
| |
13|"Commissioner" means the Commissioner of the Oklahoma Department of |
| |
14|Mental Health and Substance Abuse Services; |
| |
15| 4. "Consulting" means interpreting or reporting scientific fact |
| |
16|or theory in behavioral health to provide assistance in solving |
| |
17|current or potential problems of individuals, groups, or |
| |
18|organizations; |
| |
19| 5. "Department" means the Oklahoma Department of Mental Health |
| |
20|and Substance Abuse Services; |
| |
21| 5. 6. "Licensed behavioral practitioner" or "LBP" means any |
| |
22|person who offers professional behavioral health services to any |
| |
23|person and is licensed pursuant to the provisions of the Licensed |
| |
24| |
| |
Req. No. 14261 Page 59
___________________________________________________________________________
1|Behavioral Practitioner Act. The term shall not include those |
| |
2|professions exempted by Section 1932 of this title; |
| |
3| 6. 7. "Licensed behavioral practitioner candidate" means a |
| |
4|person whose application for licensure has been accepted and who is |
| |
5|under supervision for licensure as provided in Section 1935 of this |
| |
6|title; |
| |
7| 7. 8. "Referral activities" means the evaluating of data to |
| |
8|identify problems and to determine the advisability of referral to |
| |
9|other specialists; |
| |
10| 8. 9. "Research activities" means reporting, designing, |
| |
11|conducting, or consulting on research in behavioral health services; |
| |
12| 9. 10. "Specialty" means the designation of a subarea of |
| |
13|behavioral practice that is recognized by a national certification |
| |
14|agency or by the Board Department; and |
| |
15| 10. 11. "Supervisor" means a person who meets the requirements |
| |
16|established by the Board; and Department |
| |
17| 11. "Executive Director" means the Executive Director of the |
| |
18|State Board of Behavioral Health Licensure. |
| |
19| SECTION 35. AMENDATORY 59 O.S. 2021, Section 1934, is |
| |
20|amended to read as follows: |
| |
21| Section 1934. A. The State Board of Behavioral Health |
| |
22|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
23|Services shall: |
| |
24| |
| |
Req. No. 14261 Page 60
___________________________________________________________________________
1| 1. Prescribe, adopt, and promulgate rules to implement and |
| |
2|enforce the provisions of the Licensed Behavioral Practitioner Act, |
| |
3|including the adoption of State Department of Health rules by |
| |
4|reference; |
| |
5| 2. Adopt and establish rules of professional conduct; and |
| |
6| 3. Set license and examination fees as required by the Licensed |
| |
7|Behavioral Practitioner Act. |
| |
8| B. The Board Department shall have the authority to: |
| |
9| 1. Seek injunctive relief; |
| |
10| 2. Request the district attorney to bring an action to enforce |
| |
11|the provisions of the Licensed Behavioral Practitioner Act; |
| |
12| 3. Receive fees and deposit the fees into the Licensed |
| |
13|Behavioral Practitioners Revolving Fund as required by the Licensed |
| |
14|Behavioral Practitioner Act; |
| |
15| 4. Issue, renew, revoke, deny, suspend and place on probation |
| |
16|licenses to practice behavioral health pursuant to the provisions of |
| |
17|the Licensed Behavioral Practitioner Act; |
| |
18| 5. Examine all qualified applicants for licenses to practice |
| |
19|behavioral health; |
| |
20| 6. Investigate complaints and possible violations of the |
| |
21|Licensed Behavioral Practitioner Act; |
| |
22| 7. Accept grants and gifts from various foundations and |
| |
23|institutions; |
| |
24| |
| |
Req. No. 14261 Page 61
___________________________________________________________________________
1| 8. Make such expenditures and employ such personnel as the |
| |
2|Commissioner may deem necessary for the administration of the |
| |
3|Licensed Behavioral Practitioner Act; and |
| |
4| 9. Request assistance from the State Board of Medical Licensure |
| |
5|and Supervision for the purposes of investigating complaints and |
| |
6|violations of the Licensed Behavioral Practitioner Act. |
| |
7| SECTION 36. AMENDATORY 59 O.S. 2021, Section 1935, is |
| |
8|amended to read as follows: |
| |
9| Section 1935. A. Applications for a license to practice as a |
| |
10|licensed behavioral practitioner shall be made to the State Board of |
| |
11|Behavioral Health Licensure Oklahoma Department of Mental Health and |
| |
12|Substance Abuse Services in writing. Such applications shall be on |
| |
13|a form and in a manner prescribed by the Board Department. The |
| |
14|application shall be accompanied by the fee required by the Licensed |
| |
15|Behavioral Practitioner Act, which shall be retained by the Board |
| |
16|Department and not returned to the applicant. |
| |
17| B. Each applicant for a license to practice as a licensed |
| |
18|behavioral practitioner shall: |
| |
19| 1. Pass an examination based on standards promulgated by the |
| |
20|Board Department pursuant to the Licensed Behavioral Practitioner |
| |
21|Act; |
| |
22| 2. Be at least twenty-one (21) years of age; |
| |
23| |
| |
24| |
| |
Req. No. 14261 Page 62
___________________________________________________________________________
1| 3. Not have engaged in, nor be engaged in, any practice or |
| |
2|conduct which would be grounds for denying, revoking, or suspending |
| |
3|a license pursuant to the Licensed Behavioral Practitioner Act; and |
| |
4| 4. Otherwise comply with the rules promulgated by the Board |
| |
5|Department pursuant to the provisions of the Licensed Behavioral |
| |
6|Practitioner Act. |
| |
7| C. In addition to the qualifications specified by the |
| |
8|provisions of subsection B of this section, an applicant for a |
| |
9|license to practice as a licensed behavioral practitioner shall |
| |
10|have: |
| |
11| 1. Successfully completed at least forty-five (45) graduate |
| |
12|semester hours (sixty (60) graduate quarter hours) of |
| |
13|behavioral-science-related course work. These forty-five (45) hours |
| |
14|shall include at least a master's degree from a program in |
| |
15|psychology. All course work and degrees shall be earned from a |
| |
16|regionally accredited college or university. The Board Department |
| |
17|shall define what course work qualifies as |
| |
18|"behavioral-science-related"; |
| |
19| 2. On or after January 1, 2008, successfully completed at least |
| |
20|sixty (60) graduate semester hours (ninety (90) graduate quarter |
| |
21|hours) of behavioral-science-related course work. These sixty (60) |
| |
22|hours shall include at least a master's degree from a program in |
| |
23|psychology. All courses shall be earned from a regionally |
| |
24|accredited college or university. |
| |
Req. No. 14261 Page 63
___________________________________________________________________________
1| The Board Department shall define what course work qualifies as |
| |
2|"behavioral-science-related"; and |
| |
3| 3. Three (3) years of supervised full-time experience in |
| |
4|professional behavioral health services subject to the supervision |
| |
5|of a licensed mental health professional pursuant to conditions |
| |
6|established by the Board Department. One (1) or two (2) years of |
| |
7|experience may be gained at the rate of one (1) year for each thirty |
| |
8|(30) graduate semester hours earned beyond the master's degree, |
| |
9|provided that such hours are clearly related to the field of |
| |
10|psychology or behavioral sciences and are acceptable to the Board |
| |
11|Department. The applicant shall have no less than one (1) year of |
| |
12|supervised full-time experience in behavioral science. |
| |
13| D. Applicants with degrees from schools outside the United |
| |
14|States may qualify with Board Department approval by providing the |
| |
15|Board Department with an acceptable comprehensive evaluation of the |
| |
16|degree performed by a foreign credential evaluation service that is |
| |
17|acceptable to the Board Department, and any other requirement the |
| |
18|Board Department deems necessary. |
| |
19| SECTION 37. AMENDATORY 59 O.S. 2021, Section 1936, is |
| |
20|amended to read as follows: |
| |
21| Section 1936. A. Examinations for licensure shall be held at |
| |
22|such times, at such place, and in such manner as the State Board ofBehavioral Health Licensure Oklahoma Department of Mental Health and |
| |
24|Substance Abuse Services directs. The examination shall be held at |
| |
Req. No. 14261 Page 64
___________________________________________________________________________
1|least annually. The Board Department shall determine the acceptable |
| |
2|grade on examinations. The examination shall cover such technical, |
| |
3|professional, and practical subjects as relate to the practice of |
| |
4|behavioral science. If an applicant fails to pass the examination, |
| |
5|the applicant may reapply. |
| |
6| B. The Board Department shall preserve answers to any |
| |
7|examination, and the applicant's performance on each section, for a |
| |
8|period of two (2) years following the date of the examination. |
| |
9| SECTION 38. AMENDATORY 59 O.S. 2021, Section 1937, is |
| |
10|amended to read as follows: |
| |
11| Section 1937. A. An applicant who meets the requirements for |
| |
12|licensure pursuant to the provisions of the Licensed Behavioral |
| |
13|Practitioner Act, has paid the required license fees, and has |
| |
14|otherwise complied with the provisions of the Licensed Behavioral |
| |
15|Practitioner Act shall be licensed by the State Board of Behavioral |
| |
16|Health Licensure Oklahoma Department of Mental Health and Substance |
| |
17|Abuse Services. |
| |
18| B. Each initial license issued pursuant to the Licensed |
| |
19|Behavioral Practitioner Act shall expire twenty-four (24) months |
| |
20|from the date of issuance unless revoked. A license may be renewed |
| |
21|upon application and payment of fees. The application for renewal |
| |
22|shall be accompanied by evidence satisfactory to the Board |
| |
23|Department that the licensed behavioral practitioner has completed |
| |
24|relevant professional or continued educational experience during the |
| |
Req. No. 14261 Page 65
___________________________________________________________________________
1|previous twenty-four (24) months. Failure to renew a license shall |
| |
2|result in forfeiture of the rights and privileges granted by the |
| |
3|license. A person whose license has expired may make application |
| |
4|within one (1) year following the expiration in writing to the Board |
| |
5|Department requesting reinstatement in a manner prescribed by the |
| |
6|Board Department and payment of the fees required by the provisions |
| |
7|of Licensed Behavioral Practitioner Act. The license of a person |
| |
8|whose license has expired for more than one (1) year shall not be |
| |
9|reinstated. A person may apply for a new license as provided in |
| |
10|Section 1935 of this title. |
| |
11| C. A licensed behavioral practitioner whose license is current |
| |
12|and in good standing, who wishes to retire the license, may do so by |
| |
13|informing the Board Department in writing and returning the license |
| |
14|to the Board Department. A license so retired shall not be |
| |
15|reinstated but retirement of the license shall preclude a person |
| |
16|from applying for a new license at a future date. |
| |
17| SECTION 39. AMENDATORY 59 O.S. 2021, Section 1938, is |
| |
18|amended to read as follows: |
| |
19| Section 1938. The State Board of Behavioral Health Licensure |
| |
20|Oklahoma Department of Mental Health and Substance Abuse Services |
| |
21|shall have the power to issue a license by endorsement for an |
| |
22|applicant licensed in another state to practice as a behavioral |
| |
23|practitioner or under similar title if the Board Department deems |
| |
24|such applicant to have qualifications comparable to those required |
| |
Req. No. 14261 Page 66
___________________________________________________________________________
1|under the Licensed Behavioral Practitioner Act and if the Board |
| |
2|Department finds the applicant meets the standards, provided by |
| |
3|rule, for license by endorsement. |
| |
4| SECTION 40. AMENDATORY 59 O.S. 2021, Section 1940, is |
| |
5|amended to read as follows: |
| |
6| Section 1940. A. Any person who represents himself or herself |
| |
7|by the title "Licensed Behavioral Practitioner" or "LBP" without |
| |
8|having first complied with the provisions of the Licensed Behavioral |
| |
9|Practitioner Act, or who otherwise offers to perform behavioral |
| |
10|health services, or who uses the title of Licensed Behavioral |
| |
11|Practitioner or any other name, style, or description denoting that |
| |
12|the person is licensed as a behavioral practitioner, or who |
| |
13|practices behavioral science, upon conviction thereof, shall be |
| |
14|guilty of a misdemeanor and shall be punished by imposition of a |
| |
15|fine of not less than One Hundred Dollars ($100.00) nor more than |
| |
16|Five Hundred Dollars ($500.00) for each offense and in addition may |
| |
17|be imprisoned for a term not to exceed six (6) months in the county |
| |
18|jail or by both such fine and imprisonment. |
| |
19| B. It shall be unlawful for any person not licensed or |
| |
20|supervised pursuant to or specifically exempt from the Licensed |
| |
21|Behavioral Practitioner Act to advertise or otherwise offer to |
| |
22|perform behavioral health services or to use the title of Licensed |
| |
23|Behavioral Practitioner or any other name, style, or description |
| |
24|denoting that the person is licensed as a licensed behavioral |
| |
Req. No. 14261 Page 67
___________________________________________________________________________
1|practitioner, or to practice behavioral science. Such action shall |
| |
2|be subject to injunctive action by the State Board of Behavioral |
| |
3|Health Licensure Oklahoma Department of Mental Health and Substance |
| |
4|Abuse Services. |
| |
5| SECTION 41. AMENDATORY 59 O.S. 2021, Section 1941, is |
| |
6|amended to read as follows: |
| |
7| Section 1941. A. The State Board of Behavioral Health |
| |
8|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
9|Services may deny, revoke, suspend, or place on probation any |
| |
10|license or specialty designation issued pursuant to the provisions |
| |
11|of the Licensed Behavioral Practitioner Act to a licensed behavioral |
| |
12|practitioner, if the person has: |
| |
13| 1. Been convicted of a felony crime that substantially relates |
| |
14|to the practice of behavioral health and poses a reasonable threat |
| |
15|to public safety; |
| |
16| 2. Engaged in fraud or deceit in connection with services |
| |
17|rendered or in establishing needed qualifications pursuant to the |
| |
18|provisions of this act; |
| |
19| 3. Knowingly aided or abetted a person not licensed pursuant to |
| |
20|these provisions in representing himself or herself as a licensed |
| |
21|behavioral practitioner in this state; |
| |
22| 4. Engaged in unprofessional conduct as defined by the rules |
| |
23|established by the Board Department; |
| |
24| |
| |
Req. No. 14261 Page 68
___________________________________________________________________________
1| 5. Engaged in negligence or wrongful actions in the performance |
| |
2|of the licensee's duties; or |
| |
3| 6. Misrepresented any information required in obtaining a |
| |
4|license. |
| |
5| B. If the Board Department determines that a felony conviction |
| |
6|of an applicant renders the convicted applicant unfit to practice |
| |
7|counseling, the Board Department shall provide notice and |
| |
8|opportunity to the applicant, by certified mail at the last-known |
| |
9|address, for an administrative hearing to contest such determination |
| |
10|before the Board Department may deny the application. The request |
| |
11|shall be made by the applicant within fifteen (15) days of receipt |
| |
12|of the notice. |
| |
13| C. No license or specialty designation shall be suspended or |
| |
14|revoked, nor a licensed behavioral practitioner placed on probation, |
| |
15|until notice is served upon the licensed behavioral practitioner and |
| |
16|a hearing is held in conformity with Article II of the |
| |
17|Administrative Procedures Act. |
| |
18| D. As used in this section: |
| |
19| 1. "Substantially relates" means the nature of criminal conduct |
| |
20|for which the person was convicted has a direct bearing on the |
| |
21|fitness or ability to perform one or more of the duties or |
| |
22|responsibilities necessarily related to the occupation; and |
| |
23| 2. "Poses a reasonable threat" means the nature of criminal |
| |
24|conduct for which the person was convicted involved an act or threat |
| |
Req. No. 14261 Page 69
___________________________________________________________________________
1|of harm against another and has a bearing on the fitness or ability |
| |
2|to serve the public or work with others in the occupation. |
| |
3| SECTION 42. AMENDATORY 59 O.S. 2021, Section 1942, is |
| |
4|amended to read as follows: |
| |
5| Section 1942. A. The State Board of Behavioral Health |
| |
6|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
7|Services shall promulgate rules governing any licensure action to be |
| |
8|taken pursuant to the Licensed Behavioral Practitioner Act which |
| |
9|shall be consistent with the requirements of notice and hearing |
| |
10|under the Administrative Procedures Act. No action shall be taken |
| |
11|without prior notice unless the Board Department determines that |
| |
12|there exists a threat to the health and safety of the residents of |
| |
13|this state. |
| |
14| B. 1. Any person who is determined by the Board Department to |
| |
15|have violated any provision of the Licensed Behavioral Practitioner |
| |
16|Act, or any rule promulgated or order issued pursuant thereto, may |
| |
17|be subject to an administrative penalty. |
| |
18| 2. The maximum administrative penalty shall not exceed Ten |
| |
19|Thousand Dollars ($10,000.00). |
| |
20| 3. Administrative penalties imposed pursuant to this subsection |
| |
21|shall be enforceable in the district courts of this state. |
| |
22| 4. All administrative penalties collected shall be deposited |
| |
23|into the Licensed Behavioral Practitioner Revolving Fund. |
| |
24| |
| |
Req. No. 14261 Page 70
___________________________________________________________________________
1| SECTION 43. AMENDATORY 59 O.S. 2021, Section 1944, is |
| |
2|amended to read as follows: |
| |
3| Section 1944. All licensed behavioral practitioners, except |
| |
4|those employed by federal, state, or local governmental agencies, |
| |
5|shall, prior to the performance of service, furnish the client with |
| |
6|a copy of the Statement of Professional Disclosure as promulgated by |
| |
7|rule of the State Board of Behavioral Health Licensure Oklahoma |
| |
8|Department of Mental Health and Substance Abuse Services. A current |
| |
9|copy of the document shall be on file with the Board Department at |
| |
10|all times. |
| |
11| SECTION 44. AMENDATORY 59 O.S. 2021, Section 1945, is |
| |
12|amended to read as follows: |
| |
13| Section 1945. A. A professional specialty designation area may |
| |
14|be established by the State Board of Behavioral Health Licensure |
| |
15|Oklahoma Department of Mental Health and Substance Abuse Services |
| |
16|upon receipt of a petition signed by fifteen qualified persons who |
| |
17|are currently licensed as licensed behavioral practitioners, who |
| |
18|have acquired at least sixty (60) semester hours, to increase to |
| |
19|seventy-five (75) semester hours on and after January 1, 2008, of |
| |
20|graduate credit in behavioral science or psychology-related course |
| |
21|work from a regionally accredited college or university, and who |
| |
22|meet the recognized minimum standards as established by appropriate |
| |
23|nationally recognized certification agencies; provided, however, if |
| |
24|a nationally recognized certification does not exist, the Board |
| |
Req. No. 14261 Page 71
___________________________________________________________________________
1|Department may establish minimum standards for specialty |
| |
2|designations. |
| |
3| B. Upon receipt of credentials from the appropriate |
| |
4|certification agency, the Board Department may grant the licensed |
| |
5|behavioral practitioner the appropriate specialty designation. The |
| |
6|licensed behavioral practitioner may attain specialty designation |
| |
7|through examination. A licensed behavioral practitioner shall not |
| |
8|claim or advertise a behavioral health specialty and shall not |
| |
9|incorporate the specialty designation into the professional title of |
| |
10|such licensed behavioral practitioner unless the qualifications and |
| |
11|certification requirements of that specialty have been met and have |
| |
12|been approved by the Board Department and the appropriate |
| |
13|certification agency. |
| |
14| SECTION 45. AMENDATORY 59 O.S. 2021, Section 1946, is |
| |
15|amended to read as follows: |
| |
16| Section 1946. There is hereby created in the State Treasury a |
| |
17|revolving fund for the State Board of Behavioral Health Licensure |
| |
18|Oklahoma Department of Mental Health and Substance Abuse Services, |
| |
19|to be designated the "Licensed Behavioral Practitioners Revolving |
| |
20|Fund". The fund shall be a continuing fund, not subject to fiscal |
| |
21|year limitations, and shall consist of all monies received pursuant |
| |
22|to this act. All monies accruing to the credit of the fund are |
| |
23|hereby appropriated and may be budgeted and expended by the |
| |
24|Executive Director Commissioner to meet expenses necessary for |
| |
Req. No. 14261 Page 72
___________________________________________________________________________
1|carrying out the purpose of the Licensed Behavioral Practitioner |
| |
2|Act. Expenditures from the fund shall be approved by the Board |
| |
3|Department and shall be made upon warrants issued by the State |
| |
4|Treasurer against claims filed as prescribed by law with the |
| |
5|Director of the Office of Management and Enterprise Services for |
| |
6|approval and payment. |
| |
7| SECTION 46. AMENDATORY 59 O.S. 2021, Section 1947, is |
| |
8|amended to read as follows: |
| |
9| Section 1947. A. Licensing fees and annual renewal fees shall |
| |
10|be amounts fixed by the State Board of Behavioral Health Licensure |
| |
11|Oklahoma Department of Mental Health and Substance Abuse Services. |
| |
12|The Board Department shall fix the amount of the fees so that the |
| |
13|total fees collected will be sufficient to meet the expenses of |
| |
14|administering the provisions of the Licensed Behavioral Practitioner |
| |
15|Act and so that excess funds do not accumulate from year to year in |
| |
16|the Licensed Behavioral Practitioners Revolving Fund. |
| |
17| B. 1. The Board Department shall not fix a license fee at an |
| |
18|amount in excess of Three Hundred Dollars ($300.00) and a renewal |
| |
19|fee at an amount in excess of Two Hundred Dollars ($200.00). |
| |
20| 2. The fee for the issuance of a license to replace a license |
| |
21|which was lost, destroyed, or mutilated shall be Twenty-five Dollars |
| |
22|($25.00). |
| |
23| 3. The fee shall accompany the application for a replacement |
| |
24|license. |
| |
Req. No. 14261 Page 73
___________________________________________________________________________
1| 4. The fee for specialty designation shall not exceed One |
| |
2|Hundred Fifty Dollars ($150.00). |
| |
3| 5. The fee for an examination required pursuant to the Licensed |
| |
4|Behavioral Practitioner Act shall not exceed the actual costs |
| |
5|incurred by the Department for holding and grading examinations. |
| |
6| SECTION 47. AMENDATORY 59 O.S. 2021, Section 1948, is |
| |
7|amended to read as follows: |
| |
8| Section 1948. All licensed behavioral practitioners licensed |
| |
9|pursuant to the Licensed Behavioral Practitioner Act shall be |
| |
10|required to satisfactorily complete ten (10) hours of continuing |
| |
11|education credits annually. The State Board of Behavioral Health |
| |
12|Licensure Oklahoma Department of Mental Health and Substance Abuse |
| |
13|Services shall provide forms and require verification of such |
| |
14|credits. Such credits shall be earned from courses on empirically |
| |
15|validated procedures, taught by instructors certified by the |
| |
16|American Association of Masters in Psychology, its designees or |
| |
17|successors. |
| |
18| SECTION 48. AMENDATORY 59 O.S. 2021, Section 1949, is |
| |
19|amended to read as follows: |
| |
20| Section 1949. A. Until January 1, 2002, the State Board of |
| |
21|Behavioral Health Licensure Oklahoma Department of Mental Health and |
| |
22|Substance Abuse Services, upon receipt of an applicant's proper |
| |
23|application, completion of examination, and payment of fees, shall |
| |
24|issue licenses to persons who, prior to January 1, 2002: |
| |
Req. No. 14261 Page 74
___________________________________________________________________________
1| 1. Have practiced full time as a behavioral practitioner for at |
| |
2|least two (2) years and possess a master's degree from a program in |
| |
3|psychology from a college or university accredited by an agency |
| |
4|recognized by the United States Department of Education; |
| |
5| 2. Are currently practicing as a behavioral practitioner; |
| |
6| 3. Have satisfactorily completed ten (10) hours of continuing |
| |
7|education pursuant to Section 1948 of this title; and |
| |
8| 4. Otherwise comply with the licensure requirements of the |
| |
9|Licensed Behavioral Practitioner Act. |
| |
10| B. The Board Department shall consider experience of the |
| |
11|applicant prior to application for licensure pursuant to the |
| |
12|provisions of this section as a waiver of all or part of the |
| |
13|supervised experience requirement required by paragraph 3 of |
| |
14|subsection C of Section 1935 of this title. |
| |
15| C. The Board Department shall require applicants for licensure |
| |
16|pursuant to the provisions of this section to file a Statement of |
| |
17|Professional Disclosure as provided by Section 1944 of this title. |
| |
18| SECTION 49. AMENDATORY 63 O.S. 2021, Section 1-2506.1, |
| |
19|as amended by Section 1, Chapter 45, O.S.L. 2024 (63 O.S. Supp. |
| |
20|2025, Section 1-2506.1), is amended to read as follows: |
| |
21| Section 1-2506.1. A. As used in this section: |
| |
22| 1. "Certified alcohol and drug counselor" means any person who |
| |
23|is not exempt pursuant to the provisions of Section 1872 of Title 59 |
| |
24|of the Oklahoma Statutes and is not licensed under the Licensed |
| |
Req. No. 14261 Page 75
___________________________________________________________________________
1|Alcohol and Drug Counselors Act, but who provides alcohol and drug |
| |
2|counseling services within the scope of practice while employed by |
| |
3|an entity certified by the Department of Mental Health and Substance |
| |
4|Abuse Services, or who is exempt from such certification, or who is |
| |
5|under the supervision of a person recognized by the Oklahoma Board |
| |
6|of Licensed Alcohol and Drug Counselors Department of Mental Health |
| |
7|and Substance Abuse Services as a supervisor. A certified alcohol |
| |
8|and drug counselor may provide counseling services for co-occurring |
| |
9|disorders if he or she has been certified by the Board Department to |
| |
10|provide counseling as provided in this section for co-occurring |
| |
11|disorders; |
| |
12| 2. "Emergency opioid antagonist" means a drug including, but |
| |
13|not limited to, naloxone that blocks the effects of opioids and that |
| |
14|is approved by the United States Food and Drug Administration for |
| |
15|the treatment of an opioid overdose; |
| |
16| 3. "Licensed alcohol and drug counselor" means any person who |
| |
17|provides alcohol and drug counseling services within the scope of |
| |
18|practice, including co-occurring disorders, for compensation to any |
| |
19|person and is licensed pursuant to the provisions of the Licensed |
| |
20|Alcohol and Drug Counselors Act. The term licensed alcohol and drug |
| |
21|counselor shall not include those professions exempted by Section |
| |
22|1872 of Title 59 of the Oklahoma Statutes; and |
| |
23| 4. "Medical personnel at schools" means a certified school |
| |
24|nurse or any other nurse employed by or under contract with a |
| |
Req. No. 14261 Page 76
___________________________________________________________________________
1|school, any licensed practitioner of the healing arts, or any person |
| |
2|designated by the school administration to administer an emergency |
| |
3|opioid antagonist in the event of a suspected overdose pursuant to |
| |
4|Section 1210.242 of Title 70 of the Oklahoma Statutes. |
| |
5| B. First responders shall have the authority to administer, |
| |
6|without prescription, emergency opioid antagonists when encountering |
| |
7|an individual exhibiting signs of an opioid overdose. |
| |
8| C. First responders may provide, without prescription, |
| |
9|emergency opioid antagonists to individuals who have experienced or |
| |
10|witnessed an opioid overdose for use by those individuals at a later |
| |
11|date. |
| |
12| D. For the purposes of this section, a first responder shall |
| |
13|include: |
| |
14| 1. Law enforcement officials; |
| |
15| 2. Emergency medical technicians; |
| |
16| 3. Firefighters; |
| |
17| 4. Medical personnel at schools including any public or charter |
| |
18|schools, technology center schools and institutions of higher |
| |
19|education; |
| |
20| 5. Forensic laboratory personnel of the Oklahoma State Bureau |
| |
21|of Investigation as designated by the Director; |
| |
22| 6. Personnel of the Department of Corrections or of any entity |
| |
23|that contracts with the Department of Corrections to provide housing |
| |
24|or services for inmates of the Department of Corrections; and |
| |
Req. No. 14261 Page 77
___________________________________________________________________________
1| 7. Certified alcohol and drug counselors and licensed alcohol |
| |
2|and drug counselors. |
| |
3| E. Any first responder who administers or provides an emergency |
| |
4|opioid antagonist in good faith and in a manner consistent with |
| |
5|addressing opioid overdose shall not be liable for any civil damages |
| |
6|as a result of any acts or omissions by such first responder except |
| |
7|for committing gross negligence or willful wanton wrongs in |
| |
8|administering or providing such emergency opioid antagonist. |
| |
9| SECTION 50. REPEALER 59 O.S. 2021, Section 1873, as last |
| |
10|amended by Section 1, Chapter 266, O.S.L. 2025 (59 O.S. Supp. 2025, |
| |
11|Section 1873), is hereby repealed. |
| |
12| SECTION 51. REPEALER 59 O.S. 2021, Section 1873, as last |
| |
13|amended by Section 1, Chapter 235, O.S.L. 2025 (59 O.S. Supp. 2025, |
| |
14|Section 1873), is hereby repealed. |
| |
15| SECTION 52. REPEALER 59 O.S. 2021, Section 1874, is |
| |
16|hereby repealed. |
| |
17| SECTION 53. REPEALER 59 O.S. 2021, Section 6001, as last |
| |
18|amended by Section 1, Chapter 89, O.S.L. 2023 (59 O.S. Supp. 2025, |
| |
19|Section 6001), is hereby repealed. |
| |
20| SECTION 54. This act shall become effective November 1, 2026. |
| |
21| |
| |
22| 60-2-14261 TJ 01/07/26 |
| |
23| |
| |
24| |
| |
Req. No. 14261 Page 78
